Recently, the California state Supreme Court ruled that an impossible to follow gun law, which required that all new guns be equipped with “stamping” technology that does not actually exist, must be followed because complying with it is impossible. Now the 9th Circuit has declared that banning all new semi-auto handguns is spiffy because there are still plenty of used guns around!
“A California requirement that new models of semi-automatic handguns stamp identifying information on bullet casings is a ‘real-world solution’ to help solve gun crimes, a divided U.S. appeals court said Friday in a decision that upheld the novel law.
“The stamping requirement and two measures intended to make guns safer did not violate the 2nd Amendment because they left plenty of firearms for sale in California and were reasonable to further the state’s goal of keeping people safe, the 9th U.S. Circuit Court of Appeals said in a 2-1 decision.”
They went on to say that the law just stops people from getting the gun they want, but because there are other model guns available, their is no 2nd Amendment violation. What other right enumerated in the Bill of Rights allows for violation just because that violation isn’t absolute?
A partial infringement is still an infringement and in violation of the plain text of the 2nd Amendments declaration that the right “shall not be infringed”.
Full text of the ruling can be read below:
Ivan Pena, et al. vs. Lindley by ThePoliticalHat on Scribd
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