A California law that banned the possession and sale of gun magazines holding over 10 rounds was recently blocked by a federal judge who said the law was unconstitutional.
In a 71-page ruling, U.S. District Court for the Southern District of California Roger Benitez wrote that law-abiding citizens have the constitutional right to own magazines that hold more than 10 rounds.
Benitez cited that there is no legal precedent allowing Californian politicians to pass a law that prohibits the sale or purchase of firearms holding more than 10 rounds.
“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, as reported by the Daily Wire.
“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,” Benitez added.
The judge added that California has not justified its “sweeping ban and dispossession mandate,” which was initially passed through a ballot initiative in 2016.
“One government solution to a few mad men with guns is a law that makes into criminals responsible, law-abiding people wanting larger magazines simply to protect themselves. The history and tradition of the Second Amendment clearly supports state laws against the use or misuse of firearms with unlawful intent, but not the disarmament of the law-abiding citizen,” he wrote.
Benitez continued by saying that the Second Amendment of the U.S. Constitution was a barrier against British totalitarianism when it was first adopted. He said the amendment was created by individuals “who cherished individual freedom,” and hence, “that freedom is entitled to be preserved still.”
Of course, California Gov. Gavin Newsom (D), who has been a vocal supporter of the elimination of so-called “assault weapons,” spoke out against Benitez’s ruling.
BREAKING: California's high-capacity magazine ban was just STRUCK DOWN by Judge Benitez, an extremist, right-wing zealot with no regard to human life.
Wake up, America.
Our gun safety laws will continue to be thrown out by NRA-owned federal judges until we pass a Constitutional…
— Gavin Newsom (@GavinNewsom) September 23, 2023
“Wake up, America. 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,” Newsom wrote on X, formerly known as Twitter.