U.S. District Judge Roger Benitez shattered the state’s ban on high-capacity magazines, calling it unconstitutional. The ruling could set up a Supreme Court decision on the matter, potentially affecting similar bans throughout the country. Jonathan Stempel reports for Reuters:
A federal judge in California on Friday declared that state’s ban on magazines that hold more than 10 rounds of ammunition unconstitutional, saying it violated the Second Amendment rights of firearms owners.
U.S. District Judge Roger Benitez in San Diego said California’s “sweeping ban” went too far by preventing people from using magazines for lawful purposes, including self-defense.
“The history and tradition of the Second Amendment clearly supports state laws against the use or misuse of firearms with unlawful intent, but not the disarmament of the law-abiding citizen,” Benitez wrote in a 71-page decision.
Benitez cited a June 2022 decision by the U.S. Supreme Court, New York State Rifle & Pistol Association v Bruen, requiring that firearms restrictions be “consistent with this nation’s historical tradition of firearm regulation” to pass muster.
Action Line: Gun control groups will fight hard to protect the magazine capacity bans they’ve put in place in blue states around the country. Get your gun and your training now. Click here to subscribe to my free monthly Survive & Thrive letter.
