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Judge Rules California’s Ban On Normal-Capacity Magazines Is Illegal

A federal judge ruled that California's ban on "high-capacity" magazines was illegal

San Diego, CA – A federal judge ruled that California’s ban on the possession of a “high-capacity” gun magazines was unconstitutional.

U.S. District Judge Roger Benitez upheld a lawsuit against the proposed ban of magazines that have more than 10 rounds and said the ban “hits at the center of the Second Amendment and its burden is severe,” according to the San Francisco Chronicle. “Individual liberty and freedom are not outmoded concepts.”

The State of California is likely to appeal the decision to the Ninth U.S. Circuit Court of Appeals. The San Francisco Chronicle reported that the appeals court has a history of upholding gun-control laws.

Legal experts think the case will wind up before the U.S. Supreme Court.

In his ruling, Judge Benitez cited three home invasions in which women fought back and would have been more effective against their attackers if they had higher-capacity gun magazines, the San Francisco Chronicle reported.

The judge said mass shootings were tragic but were far less common than robberies, aggravated assaults and homicides in homes.

Judge Benitez said the far more common crimes sometimes require more firepower because “unless a law-abiding individual has a firearm for his or her own defense, the police typically arrive after it is too late. The size limit (on magazines) directly impairs one’s ability to defend one’s self,” according to the San Francisco Chronicle.

The National Rifle Association called the ruling a “huge win for gun owners,” according to the San Francisco Chronicle.

The state’s attorney general Xavier Becerra released a statement.

“We are committed to defending California’s common sense gun laws — we are reviewing the decision and will evaluate next steps,” Becerra wrote in a statement, according to the San Francisco Chronicle.

California’s Proposition 63 was on the November 2016 ballot and passed. In May of 2017, five residents of San Diego County and the California Rifle & Pistol Association filed a lawsuit against Becerra. On June 29, 2019, Judge Benitez ordered Becerra not to enforce or implement parts of Prop 63 in a preliminary injunction, according to [Ballotpedia](https://ballotpedia.org/California_Proposition_63,Background_Checks_for_Ammunition_Purchases_and_Large-Capacity_Ammunition_Magazine_Ban(2016%29).

Tom Gantert - April Mon, 2019


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