On August 14, 2020 a three-judge panel of the 9th U.S. Circuit Court of Appeals overturned California’s ban on high-capacity ammunition magazines, claiming that the law infringes on the U.S. Constitution’s protection of the right to bear arms.
“Even well-intentioned laws must pass constitutional muster,” Appellate Judge Kenneth Lee wrote in the majority opinion. Lee declared that California’s prohibition on magazines holding more than 10 bullets “strikes at the core of the Second Amendment – the right to armed self-defense.”
He highlighted that California enacted the law “in the wake of heart-wrenching and highly publicized mass shootings,” but declared that it isn’t enough to justify a ban whose scope “is so sweeping that half of all magazines in America are now unlawful to own in California.”
California Rifle & Pistol Association attorney Chuck Michel described this decision as “a huge victory” for gun owners “and the right to choose to own a firearm to defend your family.”
This ruling could have an impact national due to the fact that other states have similar restrictions, However, it’s only applicable to Western states that fall under the appeals court’s jurisdiction.
It was a split decision. Two of the judge’s voted to overturn the state’s ban, while the third judge offered a dissenting opinion.
California is not a friendly place for gun owners as far as gun laws are concerned. According to Guns & Ammo magazine, it is currently ranked in 47th place in the magazine’s Best States for Gun Owners rankings.
When factoring in the Supreme Court’s disappointing decisions in the last few months, this latest appeals court ruling is a breath of fresh air.
Texas Political Establishment Attempts to Derail Shelley Luther’s Campaign
The special election for Texas’ Senate District 30 is on pace to be one of the most heated races in the Lone Star State.
At a candidate forum on September 18, 2020, Shelley Luther, the Dallas salon owner who was jailed for opening her business in defiance of Governor Greg Abbott’s shutdown order, confronted outgoing State Senator Pat Fallon.
Fallon vacated his seat and is now backing a successor in State Representative Drew Springer.
“We don’t want somebody who’s going to be at odds with our Republican governor,” Fallon said September 18 at the Grayson County Republican Women’s Club.
I didn’t support some of the things that he has done about opening up. … So, he’s made some mistakes. He’s our Republican governor, the 80/20 rule … because you’re not going to get any bills passed unless the governor signs them.
“Let me make something clear. I am accountable to my fellow citizens in Senate District 30. Not our Governor,” Luther responded on September 19 on Facebook:
This is exactly what is wrong with Austin. Our politicians are more loyal to Abbott than us, even when they disagree with him.
I will work with Governor Abbott when he is fighting to protect the liberty of Texans, and I will oppose him when he pushes unilateral dictates that shut down our local businesses.
Fallon and Luther had a tense exchange, which was caught on video.
“You want me to go all in on this race?” Fallon questioned Luther. “I have been 5 percent in on this race. You want me to go all in on it, I’m welcome to.”
“This has become a straight-up fight between Abbott and the ‘Kumbaya’ Professional Political Class vs. the grassroots and people who remember what limited government and principles should look like,” opined conservative activist Mike Openshaw.
“Respectfully, being willing to be jailed for fighting over-reaching government shows principle; that counts for something, Patrick,” Openshaw continued.
Luther has recently received endorsements from conservative Collin County Judge Chris Hill and Young Conservatives of Texas. Springer, on the other hand, received an endorsement from the Fort Worth Star-Telegram, which asserted that Luther was going down a “far right” path.
A Republican is expected to carry the senate district, which may still require a runoff if the leading candidate does not get enough votes during the first round of the special election.
Election Day will be on September 29.
Luther is viewed as the truly conservative option and many believe she could help break the political status quo in Austin that has kept conservative legislation from ever being passed.
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