Wednesday, August 19, 2020

QOTD - Gun Law - 9th Circuit

 From the 9th circuits ruling in Duncan et al v Becerra at Joe Huffmans place:

The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One’s right to life, liberty, and property, to free speech, a free press . . . and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.

Striking down Cali's ban on standard capacity magazines. What it means is that no law can be justified by citing itself. If there is a law restricting some part of an amendment, that in and of itself does not justify further infringement and may well be unconstitutional as well. 

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