Supreme Court Won’t Block Ban On High Capacity Magazines

BY Herschel Smith
7 months, 2 weeks ago

SFGate:

The U.S. Supreme Court refused Wednesday to halt Sunnyvale’s enforcement of a voter-approved ban on high-capacity gun magazines. The order signaled that San Francisco will also be allowed to enforce a virtually identical ordinance during court challenges.

Sunnyvale’s measure, approved by 66 percent of its voters in November, prohibits possession of magazines carrying more than 10 cartridges.

A group of gun owners sued to overturn the Sunnyvale ordinance and asked a federal judge to block its enforcement, arguing that tens of millions of Americans legally own guns with high-capacity magazines and may sometimes need them to repel criminal attacks.

But U.S. District Judge Ronald Whyte of San Jose rejected the request March 5, the day before the ordinance took effect, saying the ban would have little impact on the constitutional right to bear arms in self-defense.

A federal appeals court refused to intervene, and on Wednesday, Supreme Court Justice Anthony Kennedy, who handles emergency appeals from California and eight other Western states, denied a stay without comment.

More often than not, when the SCOTUS refuses to hear a case, they know full well how it will turn out and conclude that the outcome wouldn’t be any different than the way it is before review.

Occasionally I like the decisions made at the appeals court level.  But more often than not I don’t.  But one thing I do not do is rely on the federal court system to protect my rights.

I am a second amendment and gun rights writer, but I only loosely call myself that.  Readers know that I don’t believe that I have a right to own firearms because the constitution says so.  I also don’t believe in so-called “natural law” or “natural rights.”

Ever since my seminary training in apologetics and philosophy, having seen John Locke thoroughly dissembled with logic, I don’t reference his views for anything.  No respectable philosopher today does.  Even among the legal community, John Whitehead is an exception.  In order for something to be “natural,” it has to be binding upon all men and capable of epistemic certainty.  To me, the concept of a natural right to own guns is no better than the notion of the new head of a pride killing the young lions so that the lionesses will come into estrus again – or the lioness trying to defend her young one.  What’s natural to one won’t be natural to another.

So why do I have a right to own guns, or high capacity magazines?  Because God says so.  That settles it for me, whether the constitution recognizes it or not, whether a judge certifies it or not.  You may not have my world view, and I’m okay with that.  But every man must come to his own conclusions and ascertain the ultimate foundation for what he does and what he believes.

You live on the Serengeti desert in a Machiavellian world of eat or be eaten, with no concept of right and wrong, or you know whereof you act, and you know why what you do and what you believe is morally righteous.  And If you were relying on a federal judge to warranty your rights, you’ve been disavowed of that mistaken belief as we speak.  Is that clear enough?



  • Pingback: More: Supreme Court Won’t Block Ban On High Capacity Magazines | The Gun Feed

  • pjb1

    I long ago understood what is going on, and how little the opinions of some old men wearing black dresses really matters. I don’t even talk in terms of rights any more, since the rulers are by now pretty comfortable with the concept (especially when they are deciding which ones we have and don’t have). I just put it simply: I won’t be disarmed.

  • Fed Up

    After seeing what’s happening in CT, I don’t think compliance is going to happen.

  • TexTopCat

    I agree that the courts should not be making such decisions, however, when congress does not enact laws to guarantee that states cannot have laws on guns more strict than federal law then there is not much else. Certainly, states should answer to the people more directly, however, CA, CT and NY have proven that “the people” are not in control.
    When we have one individual, like Mike Bloomberg, that claims he has more power than the NRA made of up 5 million individuals because he has more money, the country has lost its way.

  • Ned Weatherby

    Fed Up – check out this mess: http://www.youtube.com/watch?v=u95s2Rjz4cs

    Everyone is stopped and searched because of an alleged “manhunt: for bank robbers. Don’t know if they caught the ‘robbers.” These guys are like the BORG.

    Without warning having shotguns and automatic weapons shoved in one’s face, it’s probably prudent to wait to resist until another day.

    We have seen how trigger happy these folks are. My guess is, if anyone stopped in that situation asserted any right to refuse a search they’d of been shot down with a couple hundred rounds. But these are the acts that will likely wake up the sheeple.


You are currently reading "Supreme Court Won’t Block Ban On High Capacity Magazines", entry #12005 on The Captain's Journal.

This article is filed under the category(s) Firearms,Guns,High Capacity Magazines,Religion,Second Amendment and was published March 13th, 2014 by Herschel Smith.

If you're interested in what else the The Captain's Journal has to say, you might try thumbing through the archives and visiting the main index, or; perhaps you would like to learn more about TCJ.

26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (675)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (28)
Air Power (9)
al Qaeda (83)
Ali al-Sistani (1)
America (6)
Ammunition (14)
Animals in War (4)
Ansar al Sunna (15)
Anthropology (3)
AR-15s (38)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (34)
Assassinations (2)
Assault Weapon Ban (26)
Australian Army (5)
Azerbaijan (4)
Backpacking (2)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (44)
Battle of Bari Alai (2)
Battle of Wanat (15)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (2)
Blogs (4)
Body Armor (16)
Books (2)
Border War (6)
Brady Campaign (1)
Britain (26)
British Army (35)
Camping (4)
Canada (1)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (10)
Christmas (5)
CIA (12)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (2)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (214)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (114)
Department of Homeland Security (9)
Disaster Preparedness (2)
Distributed Operations (5)
Dogs (5)
Drone Campaign (3)
EFV (3)
Egypt (12)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (1)
Favorite (1)
Fazlullah (3)
FBI (1)
Featured (160)
Federal Firearms Laws (15)
Financing the Taliban (2)
Firearms (252)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (14)
General Amos (1)
General James Mattis (1)
General McChrystal (38)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (7)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (207)
Guns (573)
Guns In National Parks (2)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (7)
Hekmatyar (1)
Heroism (4)
Hezbollah (12)
High Capacity Magazines (11)
High Value Targets (9)
Homecoming (1)
Homeland Security (1)
Horses (1)
Humor (13)
ICOS (1)
IEDs (7)
Immigration (34)
India (10)
Infantry (3)
Information Warfare (2)
Infrastructure (2)
Intelligence (22)
Intelligence Bulletin (6)
Iran (169)
Iraq (378)
Iraq SOFA (23)
Islamic Facism (33)
Islamists (37)
Israel (17)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (2)
Jihadists (71)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (8)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (2)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (2)
Lawfare (6)
Leadership (5)
Lebanon (6)
Leon Panetta (1)
Let Them Fight (2)
Libya (11)
Lines of Effort (3)
Littoral Combat (7)
Logistics (47)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (229)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (22)
Memorial Day (2)
Mexican Cartels (20)
Mexico (24)
Michael Yon (5)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (3)
Military Equipment (24)
Militia (3)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (10)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (16)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (13)
NATO (15)
Navy (19)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (2)
Nicholas Schmidle (2)
Now Zad (19)
NSA (1)
NSA James L. Jones (6)
Nuclear (53)
Nuristan (8)
Obama Administration (205)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (6)
Patrolling (1)
Pech River Valley (11)
Personal (17)
Petraeus (14)
Pictures (1)
Piracy (13)
Police (117)
Police in COIN (3)
Policy (15)
Politics (137)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (77)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (74)
Rumsfeld (1)
Russia (27)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (139)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (22)
Squad Rushes (1)
State Department (17)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Survival (10)
SWAT Raids (50)
Syria (38)
Tactical Drills (1)
Tactical Gear (1)
Taliban (167)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (16)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (86)
Thanksgiving (4)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (10)
TSA Ineptitude (10)
TTPs (1)
U.S. Border Patrol (4)
U.S. Border Security (11)
U.S. Sovereignty (13)
UAVs (2)
UBL (4)
Ukraine (2)
Uncategorized (38)
Universal Background Check (2)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (2)
Vietnam (1)
War & Warfare (210)
War & Warfare (40)
War Movies (2)
War Reporting (18)
Wardak Province (1)
Warriors (5)
Waziristan (1)
Weapons and Tactics (57)
West Point (1)
Winter Operations (1)
Women in Combat (11)
WTF? (1)
Yemen (1)

about · archives · contact · register

Copyright © 2006-2014 Captain's Journal. All rights reserved.