Will Gov. Newsom ever realize California’s gun laws must follow the Second Amendment?

By The Editorial Board | opinion@scng.com |
How many times will it take for Gov. Gavin Newsom, Attorney General Rob Bonta and others to realize California’s gun laws must follow the Second Amendment to the Constitution of the United States of America?

On Sept. 22, their attempt to limit rifle and pistol magazines to 10 bullets again was shot down by Judge Roger Benitez of the Southern District of the U.S. District Court, part of the Ninth Circuit. The ban derived from Proposition 63 in 2016.

The case is Miller v. Bonta. On June 5, 2021 Benitez originally ruled the ban unconstitutional. Sixteen days later a three-judge panel of the Ninth Circuit stayed the ruling, leaving the law in place. Matters changed after the U.S. Supreme Court strongly affirmed Second Amendment protections in its June 23, 2022 decision, NYSRPA v. Bruen. The top court also ordered the Miller case heard again by Benitez.

In his new Miller case decision, Benitez held, “Based on the text, history, and tradition of the Second Amendment, this law is clearly unconstitutional … There is no American tradition of limiting ammunition capacity and the 10-round limit has no historical pedigree and it is arbitrary and capricious. It is extreme.”

He noted there is no federal ban on such magazines. And state bans are not uniform and “arbitrary.”

He cited several cases of self-defense where small magazines were inadequate in fighting off criminals. In Kentucky, an intruder came in blasting at a family. One daughter was killed and the father wounded three times as he returned fire with 11 rounds from one gun and eight from a second, failing to hit the assailant, who later was arrested.

Benitez also noted 81 million Americans own up to 456 million firearms. And that criminals don’t follow gun laws.

Benitez performed a “masterful job at the molecular level” of picking apart “every argument put forth by the state of California” and other states to limit the Second Amendment, Sam Paredes told us; he’s the executive director of Gun Owners of California, which filed an amicus brief in the case.

Bonta, who we endorsed for re-election last year, filed an appeal. He said, “We will continue to fight for our authority to keep Californians safe from weapon enhancements designed to cause mass casualties.” Newsom said, “It’s time to wake up. Unless we enshrine a Right to Safety in the Constitution, we are at the mercy of ideologues like Judge Benitez.”

That was a reference to Newsom’s proposed 28th Amendment that, among other things, would ban so-called “assault weapons,” which really are just cosmetically mean-looking rifles.

Ironically, that’s a tacit admission the restrictions he favors currently are unconstitutional.

Earlier this month Democratic Gov. Michelle Lujan Grisham of New Mexico tried banning open carry of legal guns. She was rebuffed in court and even by such liberal Democrats as Rep. Ted Lieu of Los Angeles, who reminded her, ““No state in the union can suspend the federal Constitution. There is no such thing as a state public health emergency exception to the U.S. Constitution.”

Gun rights are here to stay. Newsom and Bonta need to end their assaults on Californians’ right to defend themselves.