California’s Ammo Magazine Ban Struck Down Again In Court
In a significant victory for Second Amendment rights, U.S. District Court Judge Roger T. Benitez has once again blocked California’s ban on ammunition magazines holding more than ten rounds. This marks the second time that Benitez has stood up for the rights of law-abiding citizens in the Golden State.
Breitbart News previously reported on Benitez’s initial decision to prevent “otherwise law-abiding” citizens from being criminalized by this restrictive ban, as he astutely pointed out that such a ban not only erodes Second Amendment rights but also amounts to the government seizing private property without fair compensation.
In his recent ruling, Benitez followed the Bruen framework established in 2022, which emphasizes the importance of tradition when evaluating gun control measures. He argued that “there is no American tradition of limiting ammunition capacity.”
Historically, detachable magazines were designed to address a common issue with firearms of the past—running out of ammunition and needing to slowly reload. Benitez rightly stated, “There have been, and there will be, times where many more than 10 rounds are needed to stop attackers,” emphasizing the need for self-defense.
In his concluding remarks, Benitez made a compelling argument: “One government solution to a few mad men with guns is a law that makes into criminals responsible, law-abiding people wanting larger magazines simply to protect themselves. The history and tradition of the Second Amendment clearly supports state laws against the use or misuse of firearms with unlawful intent, but not the disarmament of the law-abiding citizen. That kind of a solution is an infringement on the Constitutional right of citizens to keep and bear arms.”
However, some do not agree with the decision. Notably, Gov. Gavin Newsom’s response to Benitez’s decision was charged with political rhetoric.
In a call for a Constitutional Amendment that may overlook the fact that many Americans value their Second Amendment rights and believe in responsible gun ownership, the Democrat governor labeled the judge an “extremist, right-wing zealot with no regard for human life.
“Our gun safety laws will continue to be thrown out by NRA-owned federal judges until we pass a Constitutional Amendment to protect our kids and end the gun violence epidemic in America,” he added.
The debate is far from over, as California Atty. Gen. Rob Bonta’s office is appealing the case to the U.S. Circuit Court for the Ninth Circuit. In the meantime, the ruling is stayed for ten days.