US judge strikes down California ban on high-capacity gun magazines
US judge strikes down California ban on high-capacity gun magazines
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.
Update it has been appealed by AG Bonta to an enbanc panel. It doesn't appear that there will be another freedom week scenario.
A “US Judge”, Roger “The Man" Benitez, 72, born in Havana, appointed by George W. Bush and noted for several rulings negating CA gun laws; strikes again.
Of note, the same judge is expected to issue rulings on the constitutionality of CA's handgun roster and their ban on firearms they recognize as assault weapons.
And to be a bit of a devil's advocate here, the handgun roster really is bullshit. One modern handgun is really much the same as any other, so if we're going to allow handguns at all it's just looney tunes to arbitrarily make some legal and others illegal.
I agree, especially since it was based on a SKU system where something as simple a different finish on a pistol could make it no longer eligible to be sold as it would have a different SKU. Whether a firearm is nitride coated or blued isn't making a difference in much besides corrosion resistant.
A rare glimpse of sanity from a US court
When do we find out if this is legal or not?
The CA AG has announced intent to appeal this case to the 9th Circuit. If the court takes up the case that ruling could be appealed to the US Supreme Court. If either of those were too happen it'd have regional or national impacts so they might decide to not appeal as to not impact other states with similar laws.
But currently the highest and most recent ruling (the one in the article) states that magazine bans are not lawful.
So if im hypothetically a california resident whos temporarily out of state, i have a registered and lisenced to conceal carry glock 17 from california. If i buy a 17 round mag for it and drive back home with it, it should be legal, until (or if) this ruling is appealed? If it is appealed would i legally have to destroy, or remove from california, the larger magazine?
Nice! Maybe Washington State can get challenged next.
I wonder if this will also affect California's ban on removable shotgun magazines.
NAL but it looks like that restriction is specifically semiautomatic shotguns and CA believes them to be assault weapons. This particular case wouldn't impact that, but Miller v. Bonta a case before the same judge would likely have potential to change that.
Fingers crossed they do the same for Illinois.