Huge Court Ruling: Mag Bans Violate the Second Amendment

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Summary

➡ A court has ruled that the ban on magazines holding more than 10 rounds violates the Second Amendment, stating that these magazines are common and widely used, thus cannot be banned under the Constitution. This ruling came from a case involving a man named Tyree Benson, who was charged under DC laws for possession of a large-capacity magazine among other charges. The court’s decision could potentially impact magazine bans across the country, as it challenges the constitutional logic behind these laws. The case could potentially be appealed to the Supreme Court, which could have significant implications for gun laws nationwide.
➡ To stay informed about updates on second amendment cases, legislation, and constitutional battles, subscribe to Guns and Gadgets. This will help you understand what’s happening nationwide, as mainstream media may not cover these issues. Stay safe, armed, and free.

Transcript

Got big news today, actually gonna have a couple big videos today, but first congratulations to my friend Brandon Herrera as he won his election over Tony Gonzalez who just pulled out of the election because he is a Terrible person I guess is what good way to put it. Hey everybody, Jared here with Guns and Gadgets and today We’ve got a major second amendment ruling that the mainstream media is barely talking about but gun owners Absolutely should be a court has just ruled that the ban on magazines holding more than 10 rounds violates the Second Amendment Yes Perfect shirt for today if you think that Congress and politics and DC is a clown show as a circus Perfect shirt from TriStar training clowns to the left jokers to the right.

It’s gonna start a Conversation you can get at the link down below. They just launched yesterday. I think it’s pretty cool I’m gonna see how many people notice it today So big win here in court but not only that the court went further and Made a statement that could ripple through magazine bans firing component bans and possibly even future assault weapon cases because according to the court Magazines holding more than 10 rounds are arms in common and ubiquitous use and therefore cannot be banned under the Constitution This ruling just came down in Benson versus the United States yesterday, and it’s packed with constitutional analysis referencing Heller Bruin and Rahimi and Wait to hear what the federal government said in this case the DC Politician the DC government was fighting it even though the federal government said what they said, which is pretty big So today I’m gonna break it down I’m gonna tell you what the case was about why the court struck down the magazine ban and the massive legal implications here as Well as what it could mean for your magazine ban if you have one across this country But before I dive in if you want to support straightforward reporting on the Second Amendment Subscribe to this channel and turn on the notifications.

So you do not miss updates like this. Let’s get into it This case started with a man named Tyree Benson who was arrested in Washington DC the police found him with a semi-automatic firearm equipped with a 30-round magazine and prosecutors charged him under the DC laws Now those charges included possession of a large-capacity magazine possession of an unregistered firearm Carrying without a license and unlawful possession of ammunition Sounds like freedom now. Here’s where the legal challenges come in Benson argued that the entire law Banning magazines over 10 rounds was unconstitutional under the Second Amendment Yes, and the case worked its way up to the District of Columbia Court of Appeals And it’s important to note here.

This is like a state Supreme Court if you will Okay, so this is the highest court for DC It’s not a federal appellate court. Okay, so understand that going in before I jump into the huge twist here Let’s talk about a company and a product that you probably already own checkmate has been making OEM magazines for most popular brands for years American made and backed by an unwavering warranty Checkmate is always expanding the product line. So be sure to support checkmate magazines because they support me With over four decades of expertise in high quality manufacturing and a never-satisfied approach to innovation and refinement Checkmate is the leading provider of high quality aftermarket and OEM magazines for many tools that you already own Checkmate mags is a branch of checkmate industries the largest OEM handgun magazine manufacturer in the United States with industry-leading manufacturing facilities in both Long Island, New York, Long Island and Thomasville, Georgia and each checkmate mag is a hundred percent developed and manufactured here in the US backed by a lifetime factory warranty to ensure superior performance Reliability quality fit and finish and they just work check them out at the link below and a big thank you to checkmate for sponsoring the work we do here Now here’s something Fascinating about this case during the appeal and the United States government actually conceded That the magazine ban violated the Second Amendment That’s right.

The federal government agreed with the defendant that the law was unconstitutional however, the DC Government District of Columbia stepped in to defend the ban arguing that limiting magazines to 10 rounds was justified So the court had to answer a major constitutional question Can the government ban magazines that hold more than 10 rounds? The court’s answer was very clear No The judges ruled that magazines holding more than 10 rounds are extremely common widely owned by law-abiding Americans and our standard equipment for many firearms The opinion explains that hundreds of millions of these magazines exist in the United States and they account for roughly half of the magazines owned by Americans because of that I would say it’s more than half but Because of that the court said they clearly qualify as arms in common use and under Supreme Court precedent That matters a lot now to understand this ruling you need to understand the constitutional framework that the court used The judges relied heavily on three Supreme Court cases DC versus Heller 2008 New York State Rifle and Pistol Association versus Bruin 22 and US versus Rahimi in 24 And Heller established that the Second Amendment protects an individual right to keep and bear arms Bruin then clarified how courts must evaluate gun laws Instead of balancing government interests against gun rights courts must ask is the law consistent with the national tradition of history of firearm regulation in America kind of box that but if it’s not then the law is Unconstitutional and applying that test the judges said something extremely important They ruled that magazines are not just accessories.

They are protected arms under the Second Amendment Why because magazines are essential components of firearms that facilitate armed self-defense Without them many firearms simply cannot function as designed the court warned that if Governments could ban components like magazines. They could effectively destroy the Second Amendment by regulating gun pieces by pee pieces by piece piece by piece Brain fart next the court applied what’s known as the common use test Under Heller weapons that are in common use by law-abiding citizens for lawful purposes cannot be banned And the court said magazines over 10 rounds easily meet that standard and they pointed out that these magazines number in the hundreds of millions It comes standard with many of the most popular firearms and are widely owned for lawful purposes like self-defense and training And because of that the court concluded that they are not dangerous and unusual weapons and that phrase matters Because historically only weapons that are both dangerous and unusual can be banned outright But something owned by millions of Americans is clearly not unusual.

The court then looked for historical analogues Remember under Bruin the government must show that modern gun laws align with historical firearm regulations But the judges found something important There is no historical tradition of banning commonly owned arms or firearm components. They reviewed trap gun laws gun powder storage regulations and historical weapon restrictions and none of those were compared or comparable rather to a modern magazine ban Because those laws either regulated how something was used or targeted rare or unusual weapons They didn’t ban widely owned arms outright Because of all that the court solid and they ruled that the District of Columbia is banned on magazines holding more than 10 rounds violates the Second Amendment and Since Benson’s conviction was based on that unconstitutional law the court reversed all of his firearm related convictions Now let’s talk about why this decision matters beyond this just one case Because magazine bans exist in several states including, California, New York, New Jersey, Massachusetts, Maryland and others Now these laws typically limit mags to 10 rounds But this ruling directly challenges the constitutional logic behind those laws if magazines are arms in common use and historically protected then many of those bans Could eventually collapse under this Bruin historical test that could should Now the judges also addressed something that many Americans feel They acknowledged that gun violence is a serious issue and that legislators believe restrictions like magazine bans could reduce harm But they said something critical the constitution removes certain policy choices from government control Meaning that even if a law is well intentioned, it still cannot violate constitutional rights How many laws do we have across the spectrum that violate constitutional rights? Now the big question becomes this what happens next, right? Several possibilities here one DC could ask for a rehearing.

This was a three judge panel. They could go full on bonk two The case could go on bonk like I said or three It could eventually be appealed to the united states supreme court They could be directly appealed there and given how many magazine bans exist nationwide. There’s a very good chance The supreme court will eventually have to resolve this question one way or another again if they take the case So this is a case. We should absolutely keep our eyes on because the court just said something that could reshape the gun laws nationwide Magazines holding more than 10 rounds are arms in common use and bans on them violate the second amendment I’ll continue tracking this story and any appeals that come from it if you want real updates on second amendment cases Legislation and constitutional battles.

Make sure you subscribe to guns and gadgets and share this video So that more people understand what’s truly actually happening nationwide Because you’re not going to see it on fox or cnn or msnbc or anything else Until next time stay safe. Stay armed. Stay free. I’ll see you on the next one. Take care You
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See more of Guns & Gadgets 2nd Amendment News on their Public Channel and the MPN Guns & Gadgets 2nd Amendment News channel.

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