Federal court again strikes down California’s ban on gun magazines

by WorldTribune Staff / 247 Real News September 24, 2023

A federal court in California on Friday struck down a state law that prohibited the sale of gun magazines that have 10 or more rounds. It was the second time the court has struck down the ban.

In striking down the law, Judge Roger T. Benitez said that the magazine ban was not consistent with California’s laws regulating firearms.

“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,” the judge wrote in a 71-page decision.

“There have been, and there will be, times where many more than 10 rounds are needed to stop attackers,” Benitez wrote in the ruling. “Yet, under this statute, the State says ‘too bad.’ ”

The law was previously struck down in 2019 by Benitez, but that decision was overturned by an appeals court in 2021.

Later, the U.S. Supreme Court vacated the appeals court ruling and ordered new proceedings consistent with the decision in New York State Rifle & Pistol Association v. Bruen, according to the Washington Examiner.

California Democrat Attorney General Rob Bonta vowed to appeal the decision.

“I am going to immediately appeal to correct this dangerous decision,” he wrote on X. “We vow to fight to keep Californians safe from weapon enhancements that cause mass casualties.”

Chuck Michel, president of the California Rifle and Pistol Association, said the decision by Benitez was a “thoughtful and in-depth approach.”

“Sure, the state will appeal, but the clock is ticking on laws that violate the Constitution,” Michel said.

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