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September 25, 2023
Law Capping Magazine Capacity Too Extreme For Even California, Gets Struck Down AGAIN By Federal Judge
As the left continues its war on the second amendment, a federal judge in California on Friday struck down a state law that bans the possession of firearm magazines capable of holding more than 10 rounds, describing the ban as “arbitrary and capricious ... (and) extreme.”
“Based on the text, history, and tradition of the Second Amendment, this law is clearly unconstitutional,” U.S. District Court for the Southern District of California Roger Benitez wrote in a 71-page ruling.
He added that law-abiding citizens had constitutional rights to own magazines of greater than 10 rounds, and that there was no historic legal precedent giving California the right to pass such a law.
The judge also wrote that California did not justify “its sweeping ban and dispossession mandate,” which was first passed via ballot initiative back in 2016.
“Removable firearm magazines of all sizes are necessary components of semiautomatic firearms. Therefore, magazines come within the text of the constitutional declaration that the right to keep and bear arms shall not be infringed,” Benitez wrote. “Because millions of removable firearm magazines able to hold between 10 and 30 rounds are commonly owned by law-abiding citizens for lawful purposes, including self-defense, and because they are reasonably related to service in the militia, the magazines are presumptively within the protection of the Second Amendment.”
"Wake up, America." He added "Our gun safety laws will continue to be thrown out by NRA-owned federal judges until we pass a Constitutional Amendment to protect our kids and end the gun violence epidemic in America."
The irony is that Newsom claims the judge has “no regard for human life” when he refuses to name any limits that should be placed on abortion.
Guns are used to save lives, whereas abortion does the exact opposite.
Therefore, by his own logic, guns are healthcare.
It is also a women's rights issue and a woman's right to choose how they will protect themselves.
Sorry, but no uterus, no opinion. Sit down, Gavin.
Friday’s decision is the latest ruling in a years-long legal battle. It comes after the U.S. Supreme Court last year vacated a previous appeals court decision that upheld the ban.
California Attorney General Rob Bonta has already filed a notice of appeal with the 9th U.S. Circuit Court of Appeals.
The best part about this ruling is that it shows progressives that even dumb voters can’t just willingly give up their constitutional rights.