Today’s largest problem with American constitutional jurisprudence is leftist law schools are churning out future judges who can see rights that are not included in the text of the Constitution, while ignoring rights that are plainly a part of the text.
Fox News reports that the U.S. Ninth Circuit court issued a ruling recently that gave hope to conservatives hoping the court would work on its reading comprehension. And believe me, there is plenty of work to be done.
Fox describes the Ninth thusly, “Based in San Francisco, the Ninth Circuit has a reputation for being one of the nation's most liberal courts. Critics have branded the court the ‘Nutty 9th’ or the ‘9th Circus,’ in part because many of its rulings have been overturned by the U.S. Supreme Court. This includes an infamous 2002 ruling that the Pledge of Allegiance is unconstitutional because of its use of the phrase ‘under God.’”
That’s why the court’s ruling on a California ban on “high capacity magazines” for rifles was so startling. The National Review’s David French points out the decision “linked constitutional protection of firearms to potential militia use” and was “encouraging.”
The case against the ban began in a San Diego federal court where Second Amendment supporters, backed by the National Rifle Association, filed suit against the law. The court ruled in their favor and issued a preliminary injunction against the "high cap" ban.
The Ninth Circuit’s decision supported the district court’s decision when the gun-grabbing California Dept. of Justice appealed the initial ruling. A panel of three Ninth Circuit judges announced, “The district court concluded that a ban on ammunition magazines is not a presumptively lawful regulation and that the prohibition did not have a 'historical pedigree.'”
Chris Cox, executive director of the National Rifle Association’s Institute for Legislative Action, naturally supported the ruling. “This is a significant win for law-abiding gun owners in California. This unconstitutional law criminalizes mere possession of many standard capacity magazines and would instantly turn many law-abiding gun owners into criminals.”
That is how most “common sense gun control” law work. The laws infringe on constitutional rights and either turn law-abiding citizens into instant criminals with ex post facto bans or the laws inconvenience the exercise of those rights.
Besides being unconstitutional, in practical terms the “high capacity magazine” ban is silly. The Parkland school shooter used California’s 10-round magazines and he had no problems creating a "mass shooting."
Michael Reagan, the eldest son of President Reagan, is a Newsmax TV analyst. A syndicated columnist and author, he chairs The Reagan Legacy Foundation. Michael is an in-demand speaker with Premiere speaker’s bureau. Read more reports from Michael Reagan — Go Here Now.
Michael R. Shannon is a commentator, researcher for the League of American Voters, and an award-winning political and advertising consultant with nationwide and international experience. He is author of "Conservative Christian’s Guidebook for Living in Secular Times (Now with added humor!)." Read more of Michael Shannon's reports — Go Here Now.
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