Major 2nd Amendment boost! Judge overturns California’s ban on “high-capacity” magazines, the ban was “turning the Constitution upside down.” READ MORE
SOURCE: NRA-ILA
In one of the strongest judicial statements in favor of the Second Amendment to date, Judge Roger T. Benitez of the U.S. District Court for the Southern District of California determined last Friday that California’s ban on commonly possessed firearm magazines violates the Second Amendment.
The case is Duncan v. Becerra.
The NRA-supported case had already been up to the U.S. Court of Appeals for the Ninth Circuit on the question of whether the law’s enforcement should be suspended during proceedings on its constitutionality. Last July, a three judge panel of the Ninth Circuit upheld Judge Benitez’s suspension of enforcement and sent the case back to him for further proceedings on the merits of the law itself.
Judge Benitez rendered his opinion late Friday afternoon and handed Second Amendment supporters a sweeping victory by completely invalidating California’s 10-round limit on magazine capacity. “Individual liberty and freedom are not outmoded concepts,” he declared.
In a scholarly and comprehensive opinion, Judge Benitez subjected the ban both to the constitutional analysis he argued was required by the U.S. Supreme Court in District of Columbia v. Heller and a more complicated and flexible test the Ninth Circuit has applied in prior Second Amendment cases.
Either way, Judge Benitez ruled, the law would fail. Indeed, he characterized the California law as “turning the Constitution upside down.” He also systematically dismantled each of the state’s purported justifications for the law, demonstrating the factual and legal inconsistencies of their claims.
NRA-ILA Executive Director Chris W. Cox hailed the decision as a “huge win for gun owners” and a “landmark recognition of what courts have too often treated as a disfavored right.”
“Judge Benitez took the Second Amendment seriously and came to the conclusion required by the Constitution,” Cox said. “The same should be true of any court analyzing a ban on a class of arms law-abiding Americans commonly possess for self-defense or other lawful purposes.”
Unfortunately, Friday’s opinion is not likely to be the last word on the case. The state will likely appeal to the Ninth Circuit, which has proven notably hostile to the Second Amendment in past decisions.
Nevertheless, the thoroughness of Judge Benitez’s analysis should give Second Amendment supporters the best possible chance for success in appellate proceedings, particularly if the case ultimately lands before the U.S. Supreme Court.
In the meantime, Friday’s order prohibits California from enforcing its magazine restrictions, leaving its law-abiding residents safer and freer, at least for the time being.
To stay up-to-date on the Duncan case and other important Second Amendment issues affecting California gun owners, click HERE. And be sure to subscribe to NRA-ILA and CRPA email alerts HERE and HERE.
As of your date of publishing this report, April 4th, you were apparently hours too early.
A few minutes before 5PM, while standing at the counter in a local gun store in the process of buying hi-cap magazines, the proprietor took a phone call and announced to everyone in the establishment that we could only purchase hi-cap magazines for the next 24 hours. After 5PM, April 5th, the California ban on hi-cap magazines is back, and being enforced.
To bad it has just been stayed by another court
Actually it was stayed by Judge Benitez! I don’t get it. It will probably end up in the Supreme Court where they will either not hear the case or Roberts will stab us in the back.
Yeah, then why can’t I buy a 25 round magazine for my 10 .22
Who in the world would have thought that the 9th Circuit would rule this way?
There be hope in this world!
Benitez Is not part of the 9th…
At least we had a week to buy normal capacity mags before the ruling was stayed
I was told that the ten round limit was reinstated. So now what ?