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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.
U.S. District Judge Roger T. Benitez ruled that the California law violated the 2nd Amendment rights of gun owners and issued an injunction barring state officials from enforcing it, invoking the nation’s Colonial past as well as recent cases from around the country in which gun owners ran out of bullets while confronting intruders in their homes.
He concluded that the state law effectively made criminals out of ordinary citizens and was an overreaction to high-profile gun crimes.
“Bad political ideas cannot be stopped by criminalizing bad political speech,” he wrote. “Crime waves cannot be broken with warrantless searches and unreasonable seizures. Neither can the government response to a few mad men with guns and ammunition be a law that turns millions of responsible, law-abiding people trying to protect themselves into criminals. Yet, this is the effect of California’s large-capacity magazine law.”
Right on.
And way too simple for liberal gun-rights-haters to grasp. Think of the children, or something!
This is amazingly, freaking great news. High capacity mags are now the normal mags again. What a stupid law to begin with.
I just came off the Mt so first I heard about it. What a great day.
You're gonna wanna jump on the opportunity here and now and order yourself regular magazines.
Retailers are delivering and have since Friday afternoon.
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Federal judge overturns California's high-cap mag ban
