CA ban on high cap magazines overturned

[JRD77VET]

Congrats to our fellow 2nd Amendment folks in California on the overturning of the ban on "high capacity" magazines.

Perhaps the next step is overturning more of the "laws" that prohibit firearms that are legal in other states.

~~~~~~~~~~~~~~~~~

High-capacity gun magazines to remain legal in California, judge rules

SACRAMENTO, Calif. – High-capacity gun magazines will remain legal in California under a ruling Friday by a federal judge who cited a home invasion where a woman used the extra bullets in her weapon to kill an attacker and two other cases women without additional ammunition ran out of bullets.

"Individual liberty and freedom are not outmoded concepts," San Diego-based U.S. District Judge Roger Benitez wrote. He called the law that would have banned possessing any magazines holding more than 10 bullets unconstitutional.

California law has prohibited buying or selling such magazines since 2000, but those who had them before were allowed to keep them.

In 2016, the Legislature and voters approved a law removing that provision. The California arm of the National Rifle Association sued and Benitez sided with the group's argument that banning the magazines infringes on the Second Amendment right to bear arms.

Benitez had temporarily blocked the law from taking effect with a 2017 ruling.

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Chuck Michel, an attorney for the NRA and the California Rifle & Pistol Association, said the judge's latest ruling may go much farther by striking down the entire ban, allowing individuals to legally acquire high-capacity magazines for the first time in nearly two decades.

"We're still digesting the opinion but it appears to us that he struck down both the latest ban on possessing by those who are grandfathered in, but also said that everyone has a right to acquire one," Michel said.

Attorney General Xavier Becerra said in a statement that his office is "committed to defending California's common sense gun laws" and is reviewing the decision and evaluating its next steps.

The goal of the California law is to deter mass-shootings, with Becerra previously listing as an example the terrorist assault that killed 14 and injured 22 in San Bernardino.

Benitez, an appointee of Republican President George W. Bush, called such shootings "exceedingly rare" while emphasizing the everyday robberies, rapes and murders he said might be countered with firearms.

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The Giffords Law Center to Prevent Gun Violence, named after a former congresswoman who survived a mass shooting, is also still evaluating whether the decision applies more broadly, said staff attorney Ari Freilich.

But Freilich predicted the "extreme outlier decision" will be overturned on appeal and criticized a judge "so deeply out of touch that he believes mass shootings are a 'very small' problem in this country."

Becerra previously said similar Second Amendment challenges have been repeatedly rejected by other courts, with at least seven other states and 11 local governments already restricting the possession or sale of large-capacity magazines. The conflicting decisions may ultimately be sorted out by the U.S. Supreme Court.

Benitez ruled that magazines holding more than 10 rounds are "arms" under the U.S. Constitution, and that the California law "burdens the core of the Second Amendment by criminalizing the acquisition and possession of these magazines that are commonly held by law-abiding citizens for defense of self, home, and state."

Benitez described three home invasions, two of which ended with the female victims running out of bullets.


In the third case, the pajama-clad woman with a high-capacity magazine took on three armed intruders, firing at them while simultaneously calling for help on her phone.

"She had no place to carry an extra magazine and no way to reload because her left hand held the phone with which she was still trying to call 911," the judge wrote, saying she killed one attacker while two escaped.

The magazine ban was included in 2016 legislation that voters strengthened with their approval of Proposition 63, which was championed by then-Lt. Gov. Gavin Newsom.

In a statement, Newsom criticized the judge's ruling.

"This District Court Judge's failure to uphold a ban on high-capacity magazines is indefensible, dangerous for our communities and contradicts well-established case law," the governor said. "I strongly disagree with the court's assessment that 'the problem of mass shootings is very small.' Our commitment to public safety and defending common sense gun safety laws remains steadfast."

https://www.foxnews.com/us/judge-blo...ammunition-ban

[markids77]

I guess that ruling brings a fresh perspective to the phrase "if it saves a single life it is worth it" which is often spoken by the anti gun lot. About time someone in Cali accomplished something positive about "sensible" gun legislation!

[MEANZ06]

[JRD77VET]

Originally Posted by MEANZ06

Stock up while they are legal

[StaticCling]

[MEANZ06]

Originally Posted by JRD77VET

Stock up while they are legal

[JRD77VET]

Originally Posted by MEANZ06

and save your receipt

[Nox]

Originally Posted by JRD77VET

and save your receipt

What receipt? What magazines?

[dwjz06]

Originally Posted by Nox

What receipt? What magazines?

Correct answer always Robert. Or I had a boating accident and lost everything

[simpleman68]

What part of "shall not infringe" don't some folks get?
Scott

[PLRX]

Its hammer time

[69camfrk]

I'm gonna rush right out and buy some!! Oh wait..nevermind, I live in Georgia. I can go 2 miles from my house and buy all I want.

[StaticCling]

Originally Posted by 69camfrk

I'm gonna rush right out and buy some!! Oh wait..nevermind, I live in Georgia. I can go 2 miles from my house and buy all I want.

One of the suppliers to my father's local gunshop in Missouri offered to buy back his Magazine inventory for MORE than he paid for them to meet demand. Go to any online dealer and check magazine stock. EVERYBODY is sold out.

New dealers are emerging every day willing to ship Magazines to California. This shit is HUGE.

California literally crashed the Buds Gunshop website yesterday. A lot of the online merchant websites have been plagued with issues.

There are literally millions of standard capacity magazines flooding into this state as I type this.

[StaticCling]

This all boils down to being greedy. Not on the part of gun owners in California, this is just 20 years of pent up demand.

The Democrats that run the State of California got greedy. They weren't happy with their current ban on regular capacity magazines, they had to go and introduce legislation (Prop 63) that required lawful owners of these magazines to either surrender them to Law Enforcement, or DESTROY them. Completely ignoring ex post facto law and SHITTING on the United States Constitution.

Judge Benitez saw through the BS and did the right thing. The Democrats over reached and it came back to bite them HARD. 20 years of denying citizens their Constitutional RIGHTS are OVER. At least temporarily.

This will be going to the Supreme Court for sure.

[DAB]

i got an email from Beretta, they were having a 20% off sale on all magazines.

also got an email from Wilson Combat, advising that they too were shipping to CA.

i have a few magazines.....

[69camfrk]

Originally Posted by chinaski

This all boils down to being greedy. Not on the part of gun owners in California, this is just 20 years of pent up demand.

The Democrats that run the State of California got greedy. They weren't happy with their current ban on regular capacity magazines, they had to go and introduce legislation (Prop 63) that required lawful owners of these magazines to either surrender them to Law Enforcement, or DESTROY them. Completely ignoring ex post facto law and SHITTING on the United States Constitution.

Judge Benitez saw through the BS and did the right thing. The Democrats over reached and it came back to bite them HARD. 20 years of denying citizens their Constitutional RIGHTS are OVER. At least temporarily.

This will be going to the Supreme Court for sure.

I honestly feel for you California peeps. If I lived there, it would be my goal to hit retirement and bail. I'm firmly convinced you would love Ga, or hell Florida for that matter. We like our guns, freedom, and the climate ain't half bad. Well, except for the occasional tornado that keeps things interesting. Glad you got a bit of freedom back for a moment. You know that the dems will fight the ruling tooth and nail though.

[Nox]

Better buy your magazines and hope they get shipped by tomorrow because as of 1700 hours, Friday, April 5, the ban is back on.

Geez, I could never live there.

[dwjz06]

Originally Posted by Nox

Better buy your magazines and hope they get shipped by tomorrow because as of 1700 hours, Friday, April 5, the ban is back on.

Geez, I could never live there.

Did you guys move?

[StaticCling]

Originally Posted by Nox

Better buy your magazines and hope they get shipped by tomorrow because as of 1700 hours, Friday, April 5, the ban is back on.

Geez, I could never live there.

Actually, if they are purchased by tomorrow at 5pm, it really doesn't matter when they are shipped. Ruling is pretty broad actually.

Benitez did California gun owners a major SOLID.

[StaticCling]

https://www.calguns.net/calgunforum/...play.php?f=438