Judge Roger Benitez Tosses California Law Requiring Background Checks For Ammunition Purchases

BY Herschel Smith
6 months, 1 week ago

The experiment has been tried, the casualties have been counted.

The money quote, the greatest quote of all time is this, straight from the decision made by this good judge.

Law-abiding citizens are imbued with the unalienable right to keep and bear firearms along with the ammunition to make their firearms work. That a majority today may wish it were otherwise, does not change the Constitutional right. It never has. California has tried its unprecedented experiment. The casualties suffered by law abiding citizens have been counted. Presently, California and many other states sit in isolation under pandemic-inspired stay-at-home orders. Schools, parks, beaches, and countless non-essential businesses are closed. Courts are limping by while police make arrests for only the more serious crimes. Maintaining Second Amendment rights are especially important in times like these. Keeping vigilant is necessary in both bad times and good, for if we let these rights lapse in the good times, they might never be recovered in time to resist the next appearance of criminals, terrorists, or tyrants.

Good man.  God has His eye on you.

UPDATE:

I’ve already had to burn one annoyingly stupid comment on the fire today.  Let’s expand just a bit.

Do I really believe that the Ninth Circuit is going to let this stand?  Am I that stupid?

Or is my point something else?  Perhaps a man did something noteworthy.  The judge is a good man, obviously, not perfect, but clear-headed and committed to liberty.  Those are strong words, not the weak tea we see even from SCOTUS.

Character is forged in fire, not easy times.  It’s also revealed that way.  This is a memorable quote – something to remember when times aren’t so good.  It’s also a decision that will forever mark him out, and pit him against the Ninth Circuit, and one that will also engender even more hatred for the Ninth Circuit, whether California changes or not.

This isn’t about a court decision.  It’s about the evolution of a culture, the bifurcation of its people, the positioning of sides, what a man did in these times, and what it revealed about his soul.

Perhaps something big will come of it, like being appointed to the Ninth Circuit in the future.  Or perhaps something even bigger will come of it, such as God remembering his actions.

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Comments

  1. On April 24, 2020 at 3:06 am, Aesop said:

    O frabjous day!
    Callooh! Callay!

  2. On April 24, 2020 at 8:53 am, Dr. Miguel A. Faria said:

    Fantastic. Proud of this great judge! Thanks for sharing, David!

  3. On April 24, 2020 at 9:33 am, Blake said:

    I read through a goodly portion of the decision and the decision appears to lay the groundwork for the rollback of many of CA’s most egregious gun laws.

    I recommend going through the decision because it appears to be very broad in scope, questioning many of CA’s gun laws, while tossing out the ammunition background purchase law.

  4. On April 24, 2020 at 9:43 am, John Richardson said:

    Never forget that Judge Benitez was born in Havana, Cuba. He has seen first hand what happens when guns are banned.

  5. On April 24, 2020 at 10:15 am, I R A Darth Aggie said:

    Dang. That judge almost sounds like…Sam Adams.

  6. On April 24, 2020 at 11:48 am, Brock Townsend said:

    Trump has been able to appoint some judges to the 9th so maybe it will work out.

  7. On April 24, 2020 at 12:46 pm, Ticonderoga said:

    Outstanding decision at any time, brilliant at this especial time ,so fraught with the dangers of imminent loss of our G-d given rights caused by the totalitarians and globalists in government,media and academia. Pray that these words not be a voice crying in the wilderness.

  8. On April 24, 2020 at 1:41 pm, Gary said:

    There is at least a chance that when this is heard by a 3 judge panel at the 9th Circuit that it will be heard by judges appointed by our current president who will uphold this present decision. The state will then appeal it to the whole court. The thing about the 9th is that it is so big that the en banc panel does not contain all the judges but only a portion of them (a good reason that this circuit should be split because its rulings are inconsistent). Trump has appointed enough judges that even this might possible uphold the decision.

  9. On April 24, 2020 at 2:10 pm, Sid Checkado said:

    Is this the same judge back in March 2019 that allowed magazines larger than 10 rounds to be sold in California until a stay was issued a short time later?

  10. On April 24, 2020 at 2:22 pm, Herschel Smith said:

    @Sid,

    Yes.

  11. On April 24, 2020 at 3:35 pm, Pat Hines said:

    Indeed, the Ninth Circuit should be divided up, into at least three areas, perhaps even four. The question then becomes how to balance that and the costs which would go up.

    That aside, the Ninth Circuit could decide to let the decision stand, whereupon it would be dropped or taken to the SCOTUS.

    One thing is certain, we’ve not seen the last of this.

  12. On April 25, 2020 at 8:48 am, revjen45 said:

    If nothing else, it produces more dissention at the Appeal Court level, which makes SCOTUS review more likely.

    Judge Benitez is indeed a man of principle. God bless him, and may the Holy Spirit hold him close.

    _revjen45

  13. On April 25, 2020 at 8:56 am, scott s. said:

    We’re still waiting for the Ninth to decide en banc on Young v Hawaii. It’s been held up pending the Supremes deciding New York State Rifle & Pistol Association Inc. v. City of New York, New York

  14. On April 25, 2020 at 9:50 am, Ned said:

    No doubt the statists running California will continue to fight this. But I got a number of emails from ammo suppliers that are now sending ammunition to CA. This is a good thing any way you slice it.

  15. On April 25, 2020 at 11:45 am, WiscoDave said:

    Aaannd it’s back in force.
    https://www.thetruthaboutguns.com/ninth-circuit-grants-emergency-stay-california-ammo-background-check-law-again-in-force/

  16. On April 25, 2020 at 2:20 pm, Phil Ossiferz Stone said:

    So Freedom Week only lasted two days this time.

    I don’t even pretend to understand our court system any more. Jefferson’s nightmare of black-robed tyrants has reached fruition.

  17. On April 25, 2020 at 6:31 pm, Centurion_Cornelius said:

    9th Circus just shat on the good Judge’s common sense order and injunction. Back to ammo restrictions in CA.

    https://www.nraila.org/articles/20200425/california-9th-circuit-issues-stay-reinstating-ammo-restrictions

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This article is filed under the category(s) Second Amendment and was published April 23rd, 2020 by Herschel Smith.

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