According to Firearm Chronicles
U.S.A. -(AmmoLand.com)- Across the nation, COVID-19 is exposing all manner of tyrants, with mayors, governors, and judges believing their powers are without limitations. This is exceptionally true with Obama appointee Judge Andre’ Birotte of the Federal District Court in the Central District of California. He recently denied a temporary restraining order (TRO) to prevent local governments from closing gun stores. The TRO was requested by several 2nd Amendment organizations in response to both the City and County of Los Angeles’ inconsistent actions regarding what businesses are considered “essential” and which are not.
In essence, Birotte ruled that it’s okay to ban the possession (and acquisition) of guns for some people as long as you don’t ban it for all people, as this would be a violation of the landmark case, Heller v. DC. The judge came to his conclusion by using the judicial “balancing test” of “intermediate scrutiny” which in this case GOC believes to be illogical and flawed. In fact, in the Heller decision, the late 2nd Amendment giant, Justice Antonin Scalia strongly warned against using such judicial balancing tests.
Moving beyond the “legal-ese”, what does this mean to gun owners throughout California and the nation? It’s absolute evidence that battles in the courts must continue in order to hold reckless judges – and power-hungry mayors and government officials to account. If they aren’t going to heed what they should have learned in high school civics regarding the Constitution, then they will learn it through legal action.