Sunday, March 31, 2019

Fed Judge: California’s ‘High-Capacity’ Magazine Ban Unconstitutional

Via The Daily Timewaster

A magazine with newly manufactured 5.56mm cartridges is seen at Stone Hart manufacturing, Co. April 9, 2009 in Miami, Florida. Ammunition suppliers nationwide are reporting a shortage due in part to a sharp rise in gun sales after the election of President Obama that are said to be fueled by …

The U.S. District Court for the Southern District of California ruled Friday that California’s ban on ammunition magazines holding more than ten rounds violates the Second Amendment.

On June 29, 2017, Breitbart News reported that U.S. District Judge Roger Benitez blocked the implementation of California’s “high-capacity” magazine ban two days before it was to go into effect. He noted that the ban could not survive the test of District of Columbia v. Heller (2008), noting: “When the simple test of Heller is applied … the statute is adjudged an unconstitutional abridgment.”

On July 17, 2018, a three-judge panel from the United States Circuit Court of Appeals for the Ninth Circuit upheld Benitez’s ruling, voting 2-to-1 against the ban and sending the case back to Benitez.

On March 29, 2019, Benitez again ruled against the ban, issuing an order barring California Attorney General Xavier Becerra from enforcing the ban.

Benitez again relied upon Heller, noting that “millions of ammunition magazines able to hold more than 10 rounds are in common use by law-abiding responsible citizens for lawful uses like self-defense. This is enough to decide that a magazine able to hold more than 10 rounds passes the Heller test.“

The case is Duncan v. Becerra, No. 2:17-cv-56-81 in the U.S. District Court for Southern California.


  1. The state WILL appeal this injunction...they will seek an ' en banc'
    hearing from the Ninth Circus Court....meaning ALL of the judges on the court will be involved. The Ninth Circus Court has been overturned by the SCOTUS more times than any other court. And while Trump HAS been appointing judges for the past two years many of his picks are NOT 2A friendly. This means the odds of Benitez's ruling being overturned and the mag ban reinstated are probably about 95%. This ruling merely delays but won't prevent the inevitable. And even on the 5% chance the law is held as unconstitutional the commmies in Sacramento will simply go back and write ANOTHER law to disarm Kalifornia....and they will KEEP TRYING till they succeed. Relying on courts and judges to squash laws that are unconstitutional is a fools errand. The solution is the replacement of communists in office by true Americans, a very difficult proposition as honest people would rather work productive jobs and politics draws pathological power hungry sociopaths.

    1. draws pathological power hungry sociopaths.

      All the D's and some of the R's that's for sure.

  2. It's a matter of judiciary arts, exploitation of language.
    Tried to edit wiki, only to have a subjective triumphant.
    Under the opinionated heading High Capacity Magazines. The objective term Standard Capacity Magazines was deemed more 'accurate' by someone from England.
    The Sub heading United States I corrected by heading Protected by a the Bill of Rights.
    How far do you think that went.
    Art is based on personal perception. Take Smollett and the Judiciary arts degree holders of Shitown, for example, the entire event is about how Smollett perceived his attackers. That CONgress(BAR members) perceive lynching as a modern problem. It becomes clique': Perception is nine tenths the 'Law'.
    Objectivity has no domain in the sophistry of arts degrees.
    Arts degrees run the world, by hook and crook.
    They continue to make a mockery of what qualifies as a Science degree, via Title IX. Matrimony, has become a goldmine, and the silver lining of insurance/banking, make government arts subsidies disproportionately profitable over S.T.E.M trained producers. Patent 17yr max, copyright 75yr after death of artist.
    Journalist have invented sophistry terms like bullet prof vest, quantum physics, conspiracy theory, or high capacity magazines as strawmen arguments of a poorly informed and even mislead, minor consensus.

    1. Perception is nine tenths the 'Law'.

      As most stringently pushed by the MSM.