California District Court Judge Blocks High Capacity Magazine Ban

 In 2nd Amendment

A California District Court Judge temporarily blocked implementation of a law requiring gun owners to turn in all magazines that could fire over 10 rounds by Saturday, July 1.

U.S. District Judge Roger Benitez issued an injunction against the ban, saying that,

“Hundreds of thousands, if not millions, of otherwise law-abiding citizens will have an untenable choice: become an outlaw or dispossess one’s self of lawfully acquired property…The State of California’s desire to criminalize simple possession of a firearm magazine able to hold more than 10 rounds is precisely the type of policy choice that the Constitution takes off the table.”

The ban came about after California voters passed Proposition 63 which requires record checks for anyone buying ammunition and put in other restrictions on firearms including magazines with more than 10 rounds.

The magazine ban was set to create criminals out of law-abiding citizens.  California’s Attorney General, Xavier Becerra believes that banning the high capacity magazines would stop mass shootings. The statistics do not bear that view out, but California has been bent on destroying gun rights for decades.

But pro-gun sheriffs, gun owners, and sellers have been reluctant to give them  up.

The law would have required all owners of such magazines to transport them out of state, turn them into law enforcement, sell them to a licensed dealer, or destroy them. Here’s a question- if high capacity magazine are such a public safety hazard, why did they want them “transported out of state?” So someone else could have the problem because they didn’t want to deal with it?

Enforcement of such a ban would have been nearly impossible, and many sheriffs refused.

“We’re not going to be knocking on anybody’s door looking for them. We’re essentially making law-abiding citizens into criminals with this new law.”  Shasta County Sheriff Tom Bosenko to The Sacramento Bee.

Attorneys for the  California Rifle and Pistol Association and several citizens filed a complaint, asking for the injunction relief.
The judge’s ruling also stated that “a final decision will take too long to offer relief, and because the statute will soon visit irrevocable harm on Plaintiffs and all those similarly situated a state-wide preliminary injunction is necessary and justified to maintain the status quo.”
A different court judge in Sacramento on Thursday rejected a similar challenge by pro-gun groups. It set up what attorneys called “dueling decisions” which will have to be sorted out on appeal. Anti-gun groups feel that the NRA and its affiliates are out to take down California’s gun laws “brick by brick.”
People can now keep their magazines until Judge Benitez issues a permanent ruling or an appeals court drops the injunction and allows the bill to go through.
Featured photo of Judge Roger Benitez by Joselito Villero

Leave a Comment

Start typing and press Enter to search

carry firearms