Tag Archives: AG Xavier Becerra

Federal judge strikes down California’s ban on “high-capacity” magazines

A voice of reason in CA: Judge Benitez

The judge was born in Cuba and appointed by GWB.

From Daily Mail: A federal judge declared California’s ban on high-capacity gun magazines over 10 rounds as unconstitutional on Friday, following a lawsuit by the state’s arm of the National Rifle Association.

On Friday San Diego-based U.S. District Judge Roger Benitez ruled the law against high-capacity gun magazines was unconstitutional, blocking the state from enforcing the voter-approved ban outlined California’s Proposition 63.

The proposition was made to prevent the use of such magazines, which are often used in mass shootings and passed on the November 8, 2016 ballot.

California law has prohibited buying or selling of magazines with over 10 rounds 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 then sued and Benitez sided with the group’s argument that banning the magazines infringes on the Second Amendment right to bear arms.

He cited stories of three women confronted by armed intruders in their homes. The woman with a high capacity magazine was able to kill an intruder and call for help, while the two other women ran out of bullets.

‘Individual liberty and freedom are not outmoded concepts,’ Benitez wrote in his 86-page order as he declared the law to be unconstitutional, granting a summary judgement in favor of gun owner Virginia Duncan and the California Pistol & Rifle Association.

Benitez cited the stories of three women who were at their homes in Florida and Georgia and were shot by gun-weilding intruders who broke into their homes. He suggested that the women were unable to stop the assailants because they had lower capacity guns to defend themselves.

You say high capacity; I say standard and necessary!

In one case a pajama-clad woman who had a high-capacity magazine attached to her weapon was able to take on three armed intruders, while simultaneously calling for help on her phone.

In the other two cases the women without additional ammunition ran out of bullets.

‘She had no place to carry an extra magazine and no way to reload because her left hand held the phone with which she was still trying to call 911,’ the judge wrote, saying she killed one attacker while two escaped.

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 struck 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.

‘Individual liberty and freedom are not outmoded concepts,’ Benitez wrote in his 86-page order as he declared the ban on high capacity magazines to be unconstitutional.

Read the whole story here.

DCG

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