I’m going to side with Judge Beitez’ ruling that the law the law “defies common sense while unduly and severely burdening the Second Amendment rights of every responsible, gun-owning citizen desiring to lawfully buy ammunition.”
The flagrantly anti-Constitutional 9th Circuit Court of Appeals can pound sand.
“…an act of the legislature, repugnant to the constitution, is void.” —?Marbury, 5 U.S. at 177
Strangely, Marshall also stated, “It is emphatically the province and duty of the Judicial Department to say what the law is.” —?Marbury, 5 U.S. at 177
Here’s the problem: THAT’S NOT YOUR JOB. Seriously, the Constitution was NOT written solely for the judiciary. At just 12 pages (12 pt type, Times New Roman font), it was written for EVERYONE. So, let’s see what the CONSTITUTION has to say about the role of the judiciary:
“The judicial Power shall extend to all Cases…” – Article III, Section 2.
“The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury…” – Article III, Section 2
So, NO, judiciary, you do NOT get to “say what the law is.” That’s for the JURY to decide. Judges APPLY the law AS IT IS WRITTEN.
If a lower law conflicts with a higher law, such as the Constitution, the higher law takes precedence. In this case, higher law, indeed, “the supreme Law of the Law,” (Amendment II), specifically states, “…the right of the people to keep and bear arms shall not be infringed.” Infringe means “to encroach upon in a way that violates law or the rights of another.” Since the people have the right to keep and bear arms, and ammunition is an integral part of “arms” i.e. “armaments,” any law limiting ammunition to those who who can pass a background check is, by definition, an infringement against the right of the people to keep and bear arms i.e. the Second Amendment i.e. the Constitution for the United States of America and that law absolutely can and should be held NULL AND VOID.
Marshall got the first part partly right, but here’s a more Constitutionally accurate version:
“Any Executive order, Legislative act, or Judicial decision repugnant to the constitution, is void.” —?WE THE PEOPLE
This is WHY each and every civil, military and law enforcement officer at every local, county, state and federal level is required by law to take an oath of office to support and defend the Constitution. In fact, this loyalty is required of ALL U.S. citizens. All naturalized citizens say these words in their oaths of naturalization. It’s ingrained in most school children.
WE are ALL guardians of the Republic. If any of us detect anti-Constitutional wrongdoing, we must ALL speak up and PUSH BACK, and HARD.