Live to Shoot - Defending our 2nd Amendment Rights

Big 2nd Amendment Ruling - Banning High Capacity Magazine is Unconstitutional

August 23, 2020 Jeff Dowdle Season 1 Episode 35
Live to Shoot - Defending our 2nd Amendment Rights
Big 2nd Amendment Ruling - Banning High Capacity Magazine is Unconstitutional
Chapters
Live to Shoot - Defending our 2nd Amendment Rights
Big 2nd Amendment Ruling - Banning High Capacity Magazine is Unconstitutional
Aug 23, 2020 Season 1 Episode 35
Jeff Dowdle

In this episode we talk about the recent ruling out of the 9th District in California that banning high capacity magazines is unconstitutional.  Here is a link to the ruling.

Join me on Parler Social Media! https://par.pw/download/
@jefftdowdle
email me at jefftdowdle@gmail.com
Youtube Channel
subscribe to my newsletter
Check out our new apparel 

Show Notes Transcript

In this episode we talk about the recent ruling out of the 9th District in California that banning high capacity magazines is unconstitutional.  Here is a link to the ruling.

Join me on Parler Social Media! https://par.pw/download/
@jefftdowdle
email me at jefftdowdle@gmail.com
Youtube Channel
subscribe to my newsletter
Check out our new apparel 

:

well, welcome to the live to shoot podcast. I'm Jeff Dowdell and I've been a licensed firearm dealer for 13 years. I'm passionate about supporting our second a minute. Right? And in this podcast, we will cover a variety of topics that are related to the second amendment, the farm industry, and other topics of the day. I'll also try and maybe put, bring in a sports story or updates on what's going on in my life. So. Welcome. This is the 35th episode of this podcast and I am just passed 2000 downloads. I got notified. This week, which, you know, I've said this before. I didn't think anybody was actually ever going to be listening to this. And so that there are at least a few people listening, encourages me to keep going on. So I'm hoping people are getting a little something out of this and I will have to keep going on. Having a good time doing it, and, helps me focus on some other things. So. Last week the, we had a big, I, I really consider it a very big ruling out of the ninth district in California, where at a two to one decision the night district. Appeals court ruled that LA large capacity magazines are unconstitutional ban. I'm sorry. The banning of the large capacity magazines are unconstitutional and violate the second amendment. judge Lee. Who wrote the opinion and his opinion. He wrote a ton of really good information in this. It's the opinion itself as 80 some pages, the, his, his portion of it. It's probably about 50 pages. I'll put a link to it here in my, And the show notes. So you can go read it. I encourage you to read it because there is a ton of gold in there. he addresses many, many arguments that the left has had around gun control and shows, how historically that. If that is just inaccurate. But, in this particular ruling, it was brought by several, plaintiffs that will, Food, the attorney general of California wanting the ability to, Dubai and possess high capacity magazines and by California law as anything that holds. greater than 10 rounds. So in this ruling of the court first ruled that our magazines are protected under the second amendment. Second, they held at high capacity magazines are commonly owned and used for lawful purposes and are not considered unusual arms. And finally, they said that existing prohibitions are not longstanding and do not enjoy. A presumptive of lawfulness. So those were some three tests that they kind of ran everything through. they said that the California penal code struck at the core rights of law abiding citizens, this per self-defense by banning high capacity magazine within the home. And second, the panel held at the band substantially burdened, our core second amendment rights. Judge Lee wrote that the law of poses a substantial burden on the right to self defense. He explained that there are people that live out in the rural areas, and those are the, one of the points that. They live out in rural areas where local law enforcement sheriffs are moms and white and lawn behind sings. need that access to protect themselves because they don't know when the police might get begin there. He also referenced people that are living in high crime areas and communities that either distressed or depend less on law enforcement and rely on their firearms to protect themselves and their credit. Okay. In the family. So. In there. And there's a lot of, like I said, there's a lot of things in here that, you know, what. Keep this ruling close by when you're discussing the second amendment with. You're a liberal friends. So he said, you know, millions of Americans own judge Lee did own, High capacity magazines. In the estimate right now it's about 115 million. He said they're used in many handguns and inhaler DC versus Heller. The court recognized that the handgun is quintessential self defense weapon. So without the magazines. The handgun becomes useless. he said the second amendment is also a fundamental right. Rooted in both texts and tradition. And how old is the Supreme court held that American. That the second amendment protects an individual right. To keep and bear arms. He brought a lot of historical facts that you'll often hear of a left when they're talking about high capacity magazines and how our forefathers could not have ever. You know, foresaw some of these, types of firearms that they're trying to outlaw. So, But he also noted that gun control and gun confiscation goes all the way back to the 16 hundreds. When the British began persecuting their political enemies. And began to, Dispossess all their firearms from people that they felt were dangerous to the kingdom. And then. Whenever you, fast forward to the revolutionary times, that's what they were attempting to do. And that's what they were headed to do whatever we had the. Infamous, shot heard around the world. And that's ultimately led to the beginning of the revolutionary war. So he talked about how in the ruling that large plasma. Magazines are not unusual. And that heats, he defined commonality. Yeah, and that's determined by statistics and nearly half of the magazine, the United States hold more than 10 rounds. And the record shows that such magazines were overwhelming owned and used for lawful purposes. He did also note that, semi-automatic. weapons and multi-shot arms will not novel to our, Our founders. So at the end of the first farm that could, far more than 10 rounds without reloading, wasn't dented in 1580 and rapid fire guns were patenting as early as 1718. So, and the Jared honey. Air rifle. Developed in 1779 had a 22 round capacity. So whenever we're looking at the second amendment and saying, Oh, well, this is not what the father or fathers had in mind. They are fully aware of this type of technology. And so, it was not unusual at that point in time. now. judge Lee also then went down another area, which I think is very interesting in his ruling about how. The denial of the right to self defense is in is, is rooted in racism in our country. So, After the founding you. So he sort of real estate started, severely limiting our pro after. probably being a farm too. I buy slaves, freed slaves and others, and the judicial branch even played a role in denying black Americans in Dred Scott versus Sanford. Chief justice Taney stated that the series of horrible things that would happen at blacks were more considered citizens. He said they would give blacks the right to enter every other state, wherever they pleased. Exercise full Liberty of speech to hold public meetings and to keep and carry arms wherever they want. So those, if, if we consider that blacks. Normal citizens. Those are some horrible things that would begin to happen. So following the civil war, State legislations, but codes, Jim Crow, started denying, freed slaves, their second amendment rights. arm bands of X Confederates, roam the country disharmony and terrorizing them. African-Americans. Republican Congress fought back against these efforts and disarming the black Americans by enacting the Freedmen's Bureau. Act of 1866. But, I'm a civil rights act of 1866, both guaranteed all persons of rights. Self defense, but, But despite this things like the KU Klux, Klan and other terrorists, Continue to slaughter thousands of unarmed black Americans. So. again, going back to the root of the self to the, of the second amendment and art. Right to self defense and that how high capacity magazines are integral in that part of the, of the, amendment. there's a lot in this ruling. Yeah, he concludes by saying that the second amendment is not a second class, right? Nor is self-defense it disposition granted at the state's mercy. He's more over the second minute and our Relic, but are right. That is exercise a hundreds of times on any given day. This is none other than another argument that wouldn't be a base brought up that guns are used for defensive purposes. And this is not argued anywhere. Anywhere between 657 dash 6,000 6,800 Americans use guns every single day of the year. Defend themselves that. Up to 2.5 million times that we use guns. Defend themselves. So. The ban on. High capacity magazine. The fringes on the Californians. particularly the right to self defense and criminalizes possession of half the magazines. In the, in America today. So that was your ruling. And the other thing that's interesting to note too. What about the judge? Lee was a Trump appointee. So the ninth district has historically been very, Left leaning. In past years, it would have been unheard of to have a ruling like this come out of him. But the judge. but the judges have been replaced by Trump and may have been able to place many conservative judges. On those on that court. So, we are seeing some good things happening now. Where did it leave us today? What's kind of in a holding pattern waiting to see what the. Attorney general of California is going to do. he could take this to the Supreme court. Which, really would be, A favorable thing for us, because then it wouldn't allow this to get in front of the Supreme court where they could make a final decision. And, and send a lot of other cases, black, for different rulings. So. right now, California is still, aren't actually able to. To, purchase high capacity magazines, even though from dealers are now willing to sell it to them. But, I think there's a September one deadline. And we will see what happens in war followed to see exactly what the attorney general in California responses. But again, I blew through this. This, but the arguments that gently puts in his ruling are ones that we need to be able to lean back on as we continue to fight for the second amendment. And so I'm on the link to this, to the, to the, decision in the note, go keep it safe at someplace. People who refer back to it, because now we have. From a judge. Rulings and opinions that we can reference back to in other arguments. So. it was a very positive day for at least second amendment in California, which that doesn't happen very often. I appreciate you listening. Again, like this episode, go ahead and, Subscribe and. you know, guilt or five star rating, if you'd like, share it with your friends. Email me all was in there. All of a sudden social media. And, have a good day and we will talk to you next weekend.