And yes, I submitted declarations for this. Judge Beneitz considered:
1. Second Amendment guarantees right to buy ammunition. It does.
The ammunition background checks laws have no historical pedigree and operate in such a way that they violate the Second Amendment right of citizens to keep and bear arms.
2. The law has so many false rejections that based on a similar question concerning the 15th Amendment and percentages rejected from voting for lacking identification to reject its validity.
3. California's list of analogous laws was severely defective for a swarm of reasons including:
The State’s compilation lists 48 laws which made it a crime to possess a gun and ammunition by Negros, Mulattos, slaves, or persons of color, and two laws that prohibited sales to Indians.32 For example, the Attorney General lists a 1798 Kentucky law which prohibited any “Negro, mulatto, or Indian” from possessing any gun or ammunition. [57] An 1846 North Carolina law offers another example wherein it was prohibited to sell or deliver firearms to “any slave.” [92] This is the third time the Attorney General has cited these laws in support for its laws and restrictions implicating the Second Amendment. These fifty laws identified by the Attorney General constitute a long, embarrassing, disgusting, insidious, reprehensible list of examples of government tyranny towards our own people.
I don't know, that seems a good description of most of California's gun laws.
4. Dormany Commerce Clause. If you do not know about this, the national government's authority to regulate interstate commerce was originally intended to prevent states from blocking interstate commerce. By prohibiting interstate sales of ammunition, California has very clearly violated this.
5. Theb Firearms Owners Protection Act guaranteed the right to transport firearms and ammunition in interstate commerce. California's law is in conflict and therefore goes down in flames.
Judge Beneitz enjoined enforcement and seems not to have stayed the order.
I beat my head against the wall long enough to make a very simple 3D object and export it as an STL. Now I am trying topm find an STL to gCode converter intend for milling not 3D printing.
But it seems to be getting less universal as Pope Francis gives African Catholics an exemption. 1/29/24 Reuters:
VATICAN CITY, Jan 29 (Reuters) - Pope Francis said in an interview published on Monday that Africans were a "special case" in the opposition of bishops and many other people in the continent to homosexuality.But he said he was confident that, except for Africans, critics of his decision to allow blessings for same-sex couples would eventually understand it.Blessings were allowed last month in a document called Fiducia Supplicans (Supplicating Trust), which has caused widespread debate in the Catholic Church, with particularly strong resistance coming from African bishops."Those who protest vehemently belong to small ideological groups," Francis told Italian newspaper La Stampa. "A special case are Africans: for them homosexuality is something 'bad' from a cultural point of view, they don't tolerate it".
Would the Pope regard married priests or incest as tolerable for Catholics that regarded these as good? I do not think so. The old saying, "Is the Pope Catholic?" increasingly seems to be No.
During the New Jersey assault weapons ban suit, the state's murder expert Randy Roth, challenged my use of FBI murder rates by state, claiming that rural states greatly underreport murders. That there is underreporting is without question: reporting to the FBI by police departments is voluntary.
The more meaningful measure is death certificate data gathered by CDC. This article examines the data and it is interesting:
The report concludes that the death certificates “consistently” show “a higher number and rate of homicides in the United States compared” to the FBI data, “likely due to the differences in coverage and scope and the voluntary versus mandatory nature of the data collection as described above.”
The FBI tries to account for incomplete coverage by estimating the number of murders that aren’t reported to the FBI, but over the past decades, this process has yielded about 1,500–2,700 less murders per year than homicides listed on death certificates...
On the other hand, death certificates tend to overcount murders because they include justifiable homicides by civilians acting in self-defense, which are not murders. Such cases amounted to about 2.5% of homicides in 2015–2019.
Death certificates also include some justifiable homicides by police, even though these are supposed to be coded as “legal intervention deaths,” not as homicides. A study of 16 states during 2005–2012 suggests that such miscoded cases accounted for roughly 1.7% of homicides.
If the two rates above are currently applicable to the nation as a whole, the actual number of murders is about 4.2% less than the number of homicides recorded on death certificates.
FBI underreports murders but not dramatically.
I have since looked at CDC homicide rates (which includes justifiable and excusable homicides by civilians and police) for 2016. CDC homicide rate for U.S. was 5.9/100,000 vs. FBI 4.9/100,000. Not all of that difference was lawful homicides of course, but underreporting at least nationally is not that severe.
