Judge Blocks California Magazine Ban

[tlnzz1]

"...and overturn the clear will of the California voters..."

The Constitution overrules whatever voters want if the Supreme Court rules that way. We can not change the Constitution at the ballot box.

[TaePo]

"...and overturn the clear will of the California voters..."

The Constitution overrules whatever voters want if the Supreme Court rules that way. We can not change the Constitution at the ballot box.

In a way, what you state is true; but that is not the whole story.

The Supreme Court cannot really rule on the Bill of Rights as by definition they are only the enumeration or recognition of basic rights that pre-exist in each person extra constitutionally or 'outside' of the constitution and thus are 'hands-off' to the government and its branches, the military and the Constitution itself. Once people come to understand that, it all makes sense. And once you understand that, you must be careful how you word the concepts when talking/writing about them even in casual conversations. Otherwise, anti gun or anti rights people will slither in like snakes to convince you to take a bite of the apple and get rid of the nasty rights that cause so many problems with their agendas for the government and you.

[Justin2012]

"...and overturn the clear will of the California voters..."

Yeah, because we all know that the will of the voters is never wrong. We all know that voters would never vote for something that is clearly immoral and evil.

[Ecclectic Collector]

"...and overturn the clear will of the California voters..."

Yeah, because we all know that the will of the voters is never wrong. We all know that voters would never vote for something that is clearly immoral and evil.

Agreed. No shit, California people want to do something about violent crime. I get it. However time to go back to the drawing board on this. The law must go.

However the dipsh** politicians who proposed this law are being lying dumocrats who need some constitutional law 101. Come on, we teach kids in middle school about why you can't do exactly what this law was doing.

How about doing something about the criminal elements that are the problem and leave the people who are going to get caught up as collateral damage by the implementation of this law alone?

I know, its not an easy fix to make violent crime go down and do it right. It takes money and time and the results may take a while to see. It wouldn't make any politician happy that they couldn't point at a specific law and said "see I did this!".

[donotknowme]

Question- Would this ban qualify as a 'taking'? I know the public wouldn't 'use' the property but since it is being done to 'protect the public' and for the benefit of the 'public' the people having their property taken should be remunerated.

[pacodelahoya]

I know, its not an easy fix to make violent crime go down and do it right. It takes money and time and the results may take a while to see. It wouldn't make any politician happy that they couldn't point at a specific law and said "see I did this!".

The dramatic drop in violent crime since the 90's, has not been scientifically proven to be the result of many states making a permit to carry easier to aquire. The fact remains, that the majority of states are shall issue, and the crime rate has dropped ( Ferguson and Baltimore riots caused some blips, but discount that violence and rates are down).

Seems to me, the fix is simple and other than administrstive costs, free.

[JenniferG]

When the California voters overwhelmingly voted against legalizing gay marriage the voters didn't know what they doing according to this same man completely ignoring the voters wishes. They then went to court to overturn the so called will of the voters.

[Justin///M]

When the California voters overwhelmingly voted against legalizing gay marriage the voters didn't know what they doing according to this same man completely ignoring the voters wishes. They then went to court to overturn the so called will of the voters.

Came to post this. The same people yapping about "will of the voter" sure aren't out there championing a gay marriage ban.

[RTF92.5]

Came to post this. The same people yapping about "will of the voter" sure aren't out there championing a gay marriage ban.

Or did anything for Prop 187.

[RenoV8]

An article came out today and it explains the Judges perspective and the issues surrounding not just this magazine ban, but all of the other existing laws and the disjointed system of enforcing or even just understanding what is lawfull and what is not...the Judge seemed perplexed by the State of CA irrelevant documents and cases which were included in their discovery arguements...good read and it explains a lot.

http://newsok.com/article/5555593