The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Friday, August 14, 2020

This is an important ruling on the Second Amendment.

Federal Appeals Court Rules California’s Ban on High-Capacity Magazines Unconstitutional

A federal appeals court on Friday overturned California’s ban on high-capacity ammunition magazines, ruling that the prohibition violates the Second Amendment.

“Even well-intentioned laws must pass constitutional muster,” Appellate Judge Kenneth Lee wrote for the majority on the three-judge panel of the 9th U.S. Circuit Court of Appeals, adding that California’s ban “strikes at the core of the Second Amendment — the right to armed self-defense.”

That is not the core of the Second Amendment, nor is it a consequence of that amendment in the least degree.

An individual right to keep and bear arms is not and does not entail a right to use those same arms for self-defense.

Just another muddle-headed lawyer, him, reading invisible ink without even knowing it.

And the core of the amendment is anyway the conditionality of the right to keep and bear arms on the falsehood that a militia is necessary to the defense of a free state.

The right is an undetachable consequent, conditional upon that falsehood.

It is a constitutional nullity.

Nor in any case does the restriction on magazines seriously inhibit the use of firearms for self-defense.

It is clearly intended to somewhat diminish the harm they can do used on offense.

At a school, say. Or a church.

One of the judges on the panel dissented, leaving a majority of two who voted to throw out the ban, which Lee wrote was passed “in the wake of heart-wrenching and highly publicized mass shootings.”

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