UNITED STATES: On Friday, a federal judge in California ruled that the state’s prohibition on magazines that hold over 10 rounds of ammunition was unconstitutional, citing a violation of gun owners’ Second Amendment rights.
Roger Benitez, a U.S. District Court judge in San Diego, said that California’s “sweeping ban” crossed a line by prohibiting individuals from utilising magazines for legitimate purposes, such as self-defence.
In a 71-page decision, Benitez penned, “The history and tradition of the Second Amendment clearly support state laws against the use or misuse of firearms with unlawful intent, but not the disarmament of the law-abiding citizen.”
Benitez referenced a June 2022 ruling by the U.S. Supreme Court in New York State Rifle & Pistol Association v. Bruen, which mandated that gun control measures be “consistent with this nation’s historical tradition of firearm regulation” in order to be upheld.
California’s Attorney General, Rob Bonta, responsible for enforcing the state’s laws, intends to request a temporary suspension while appealing the decision to the 9th U.S. Circuit Court of Appeals located in San Francisco.
He stated that Californians must be protected from weapon upgrades that are “designed” to cause a large number of casualties.
Bonta said that the Supreme Court stated unequivocally that Bruen did not establish a regulatory straitjacket for states, and believes the district court erred in this regard. We will act immediately to fix this extremely dangerous error, the attorney general added.
Benitez postponed the enforcement of his injunction against the law by 10 days, allowing Bonta a window to seek a stay.
In March 2019, the judge invalidated the magazine ban, but in November 2021, the 9th Circuit Court reversed his decision. Subsequently, the Supreme Court nullified the appeals court ruling and instructed for new proceedings in line with the Bruen decision.
The California Rifle & Pistol Association’s president, Chuck Michel, said in a statement that Friday’s ruling highlights the “sea change in the way courts must look at these absurdly restrictive laws.”
The governor of California, Gavin Newsom, has blasted Benitez for a number of rulings that have favoured gun owners. He called the appeals court decision a “huge victory for the health and safety of all Californians.”
The legal case is Duncan et al v. Bonta, and it’s in the U.S. District Court, Southern District of California, with the case number 17-01017.
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