A federal judge has struck down a California law banning gun magazines that hold more than 10 rounds. U.S.
California cannot ban gun owners from having detachable magazines that hold more than 10 rounds, a federal judge ruled Friday.
The decision from U.S. District Judge Roger Benitez won’t take effect immediately. California Attorney General Rob Bonta, a Democrat, has already filed a notice to appeal the ruling. The ban is likely to remain in effect while the case is still pending.
This is the second time Benitez has struck down California’s law banning certain types of magazines. The first time he struck it down — way back in 2017 — an appeals court ended up reversing his decision.
You mean REGULATING guns or gun magazines violates the well REGULATED militia of the constitution?
Are the caps enough for you or do I need to spell it out?
"Well regulated" in the context of the constitution clearly meant well-trained/mobilized/deployed, in an efficient and orderly manner, and should be adequately capable. This is clear if you look at it from an unbiased linguistic standpoint, and look at the usage of the phrase around the time. Words don't constantly have the same exact meaning that we're primarily used to, they're a spectrum of different definitions that form, morph, and wane over time.
Plus the first/second clause in the sentence is clearly just a justification for the other 2 clauses, it's not a directive or even the subject. That alone would make the "well regulated" part meaningless for anything other than explaining why the constitution is in place in the first place. It doesn't give orders to "regulate" militias, or even that militias are the only things which should have access to guns in the first place.
The point of arguing against current treatment of guns isn't to argue what the syntax or basic meaning of the amendment was, no that's clear if you actually know what you're talking about (and you can find plenty of actual linguists breaking it down for you), it's to argue to what extent the amendment's directive (disallowing infringement on the people's right to bear arms) applies, or especially if the amendment is even beneficial or if it's harmful to a modern America and should be amended.
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
If you're an able-bodied male between the ages of 17 and 45, a citizen or have declared an intention to become a citizen of the US, you're part of the militia.
The National Guard is a component of the United States Army. A militia is a civilian force and would never be deployed to fight in other countries outside of wartime.
Then there is also the other issue that the other drafted forms of the amendment don't even include that clause, indicating more clearly the main point, that they didn't want the government to be able to restrict citizens' right to bear arms, after the episode they just had with the British government trying to limit arms to prevent an armed resistance in favor of colonial independence - said conflict having been kicked off specifically by an attempt to seize arms.
You can think one way or the other about how the state should treat guns, but people have this inclination to try to rewrite history about what it says and why. It's pretty clear if you take the blinders off, regardless of what you think about the issue.
“Well regulated” in the context of the constitution clearly meant "well-trained/mobilized/deployed, in an efficient and orderly manner, and should be adequately capable.
So not your average Joe who just wants to own a gun then?