Federal Judge Blocks California ‘High-Capacity’ Magazine Ban for Second Time
by AWR Hawkins
U.S. District Court Judge Roger T. Benitez blocked California’s ban on ammunition magazines holding more than ten rounds on Friday.
This is the second time Benitez has issued a decision against the ban.
On June 29, 2017, Breitbart News reported that Benitez blocked the ban to prevent “otherwise law-abiding” citizens from being criminalized.
He noted that the ban takes away Second Amendment rights “and amounts to the government taking people’s private property without compensation.”
On Friday, Benitez issued a decision against the ban again by following the Bruen (2022) framework, which requires tradition to be on the side of the gun control in question.
KQED quoted Benitez noting, “There is no American tradition of limiting ammunition capacity.”
He noted that, historically speaking, detachable magazines “solved a problem with historic firearms: running out of ammunition and having to slowly reload a gun.”
He added, “There have been, and there will be, times where many more than 10 rounds are needed to stop attackers,” Benitez wrote. “Yet, under this statute, the State says ‘too bad.’”
full story at https://www.breitbart.com/2nd-amendment/2023/09/22/judge-strikes-down-california-magazine-ban-2nd-time/