American gun owners living in California can breathe a sigh of relief.
Daily Caller reported that the U.S. District Court for the Southern District of California on Friday afternoon struck down California’s ban on firearm magazines that hold more than 10 rounds.
Judge Roger T. Benitez concluded in the case of Virginia Duncan, et. al. v. California Attorney General Xavier Becerra that the restriction on magazine round capacity in the state of California “as amended by Proposition 63, burdens the core of the Second Amendment by criminalizing the acquisition and possession of these magazines that are commonly held by law-abiding citizens for defense of self, home, and state.”
Here’s more info about the ban.
High-capacity gun magazines will remain legal in California under a ruling Friday by a federal judge who cited home invasions where a woman used the extra bullets in her weapon to kill an attacker while in two other cases women without additional ammunition ran out of bullets.
“Individual liberty and freedom are not outmoded concepts,” San Diego-based U.S. District Judge Roger Benitez wrote as he declared unconstitutional the law that would have banned possessing any magazines holding more than 10 bullets.
California law has prohibited buying or selling such magazines since 2000, but those who had them before then were allowed to keep them.
In 2016, the Legislature and voters approved a law removing that provision. The California arm of the National Rifle Association sued and Benitez sided with the group’s argument that banning the magazines infringes on the Second Amendment right to bear arms.
Benitez had temporarily blocked the law from taking effect with a 2017 ruling.
Chuck Michel, an attorney for the NRA and the California Rifle & Pistol Association, said the judge’s latest ruling may go much farther by striking down the entire ban, allowing individuals to legally acquire high-capacity magazines for the first time in nearly two decades.
“We’re still digesting the opinion but it appears to us that he stuck down both the latest ban on possessing by those who are grandfathered in, but also said that everyone has a right to acquire one,” Michel said.
Attorney General Xavier Becerra said in a statement that his office is “committed to defending California’s common sense gun laws” and is reviewing the decision and evaluating its next steps.
Becerra previously said similar Second Amendment challenges have been repeatedly rejected by other courts, with at least seven other states and 11 local governments already restricting the possession or sale of large-capacity ammunition magazines. The conflicting decisions on extended magazines may ultimately be sorted out by the U.S. Supreme Court.
Michel said the decision “recognizes that the Second Amendment is not a second-class right and that the state has to meet a high burden before it can pass a law that infringes on the right to keep or bear arms,” Michel said.