State Judge Stops High Capacity Magazine Ban – It’s Unconstitutional

( – California’s ban on firearm magazines that hold over 10 rounds was struck down by a federal judge last week, ruling the ban unconstitutional.

Judge Roger Benitez of the US District Court in the Southern District of California ruled last Friday that banning high-capacity magazines is unconstitutional. The judge’s decision was made based on a Supreme Court ruling from 2022, which decided gun restrictions in each state must be in line with the wording of the Second Amendment of the Constitution based on its historical context.

Benitez wrote that “based on” the Second Amendment’s “text, history, and tradition,” the California law “that makes it a crime to keep and bear firearm magazines” that are usually “possessed for lawful purposes” by citizens “is clearly unconstitutional.”

The judge added that the invention of “detachable” magazines “solved” a historic problem with firearms: reducing the frequency of having to reload while increasing reloading speed. Because more ammo is required “in case of confrontation,” a bigger magazine is also required, which Benitez said “many gun owners” want so they can have more rounds ready if needed.

Benitez also made the point that magazines that hold over 10 rounds are quite common and that the most popular size for handguns can hold 17 rounds and 30 for rifles. The judge said “no American tradition” exists “of limiting” the capacity of ammo and that there’s “no historical pedigree” to justify a 10-round limit, which he called “arbitrary and capricious.”

Last week, President Joe Biden announced the creation of a new government office called the White House Office of Gun Violence Prevention. Biden also announced that he would appoint Vice President Kamala Harris to lead this office, which she said “will play a critical role in implementing” Biden’s and her “efforts to reduce violence” and encourage lawmakers “to come together” to end gun violence.

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