this post was submitted on 23 Sep 2023
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libertarianism

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A federal judge for the second time overturned California’s ban on large-capacity ammunition magazines that can hold more than 10 bullets, ruling Friday that it lacked a historical basis and is therefore unconstitutional.

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[–] [email protected] 1 points 1 year ago (1 children)

Not really. His conclusion is good, but his process is so deeply flawed that if allowed to set precedent our judicial system will manage to get even worse.

[–] [email protected] 2 points 1 year ago (1 children)

What parts of his process do you disagree with?

[–] [email protected] 2 points 1 year ago (1 children)

I would say that the following is the main point of issue:

[...] ruling Friday that it lacked a historical basis and is therefore unconstitutional.

Deciding on laws based on tradition, and historical context has potential to be quite damaging -- these decisions should be made based on principle.

[–] [email protected] 2 points 1 year ago (1 children)

Well then I regret to inform you that he wasn't setting any precedent with his ruling because he was just applying the existing text history and tradition test established by the Scotus in Bruen. The precedent already exists on a national scale.

[–] [email protected] 1 points 1 year ago

[...] he wasn’t setting any precedent with his ruling because he was just applying the existing text history and tradition test established by the Scotus in Bruen.

Indeed. It is rather unfortunate.