Saturday, March 30, 2019

California’s ‘High-Capacity’ Magazine Ban Unconstitutional

It will be appealed because the people can't have that freedom, that power.  Only agents of the state.

But it is surely good news, nonetheless.

The U.S. District Court for the Southern District of California ruled Friday that California’s ban on ammunition magazines holding more than ten rounds violates the Second Amendment.

On June 29, 2017, Breitbart News reported that U.S. District Judge Roger Benitez blocked the implementation of California’s “high-capacity” magazine ban two days before it was to go into effect. He noted that the ban could not survive the test of District of Columbia v. Heller (2008), noting: “When the simple test of Heller is applied … the statute is adjudged an unconstitutional abridgment.”
On July 17, 2018, a three-judge panel from the United States Circuit Court of Appeals for the Ninth Circuit upheld Benitez’s ruling, voting 2-to-1 against the ban and sending the case back to Benitez.
On March 29, 2019, Benitez again ruled against the ban, issuing an order barring California Attorney General Xavier Becerra from enforcing the ban.
Benitez again relied upon Heller, noting that “millions of ammunition magazines able to hold more than 10 rounds are in common use by law-abiding responsible citizens for lawful uses like self-defense. This is enough to decide that a magazine able to hold more than 10 rounds passes the Heller test.
The case is Duncan v. Becerra, No. 2:17-cv-56-81 in the U.S. District Court for Southern California.


1 comment:

  1. I applaud the judge for upholding the Constitutional prohibition on the federal and states governments to usurp the 2nd amendment. I cast shame and indignation upon the state of California for it's blatant attempt to usurp the natural rights of all United States citizens to lawfully keep and bear arms in this age of enlightened criminality.

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