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SCVNews.com | Judge Blocks California Law Against Large Gun Magazines | 06-30-2017
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by Derek Fleming

handgun with bulletsSAN DIEGO (CN) — Gun advocates Thursday won a temporary reprieve from a section of California gun controls, when a federal judge issued a temporary injunction against the section of Proposition 63 that prohibits possession of magazines holding more than 10 rounds of ammunition.

U.S. District Judge Roger Benitez enjoined the requirement that gun owners surrender lawfully purchased property or become subject to criminal prosecution. The ban was to take begin on July 1.

“Plaintiffs’ entitlement to enjoy Second Amendment rights and just compensation are not eliminated simply because they possess ‘unpopular’ magazines holding more than 10 rounds,” Benitez wrote.

Other courts have ruled that measures designed to eliminate an entire class of “arms that is overwhelmingly chosen by American society” and “typically possessed by law-abiding citizens for lawful purposes” are unconstitutional, lead plaintiff Virginia Duncan said in the original complaint against California Attorney General Xavier Becerra.

The California Rifle and Pistol Association joined as a plaintiff.

In an amicus brief supporting the state, the Law Center to Prevent Gun Violence called the voter-approved law a “smart” restriction, as “large capacity magazines are highly lethal accessories, not protected arms, but even if they are arms, the Second Amendment permits prohibiting them because there is overwhelming evidence that large capacity magazines are dangerous and unusual and historically restricted, and best suited for military combat rather than civilian self-defense.”

Magazines holding more than 10 rounds have been banned from sale in California since 2000, but people who acquired them legally before the ban were allowed to keep them. Under Proposition 63 in its entirety, owners must destroy the large magazines, surrender them to police, or sell them to a licensed dealer.

No government buyback was included in the law. The plaintiffs said some gun owners could lose thousands of dollars worth of magazines.

Hundreds or thousands to millions of large magazines may be in private possession in California, according to estimates. Thousands of pistols and rifles have been sold that accept a magazine with more than 10 rounds capacity, and in some cases, no magazine is available to replace the factory-made ones.

The plaintiffs claim that Proposition 63 violates the Second, Fifth and 14th Amendments, specifically the takings and due process clauses.

Benitez ordered Becerra to refrain “from implementing or enforcing California Penal Code sections 32310 (c) & (d), as enacted by Proposition 63, or from otherwise requiring persons to dispossess themselves of magazines able to hold more than 10 rounds lawfully acquired and possessed,” and notify all law-enforcement officers of it.

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8 Comments

  1. Bob Oso says:

    Liberals, answer me this:

    Why should I be limited to 10 rounds of ammo to defend my family?

    Most home invasions are carried out by multiple criminals and they certainly will not be following a “10 round” rule.

    Waiting for the Police is NOT an option when you door is kicked down it when you are surrounded by thugs at a gas station. The protection of yourself and your family is a GUARANTEED RIGHT by the 2nd Amendment and it is HIGH TIME that California stops tramping on this right!

  2. Bob Oso says:

    Case and point from TODAYS NEWS!

    This couple has the RIGHT to NORMAL CAPACITY MAGAZINES!

    http://www.foxla.com/news/local-news/264880823-story

  3. Bill Coleman Bill Coleman says:

    A judge with common sence and a set of balls we need more of this.

  4. dennis says:

    Libtards always have a hidden agenda what part of “SHALL NEVER BE INFRINGED UPON” dont those hidden agenda libtards understand.We have this right to protect our familys from CORRUPT government libarded government bureaucrats that want to control and inslave humanity they always want more they dont care about this counrty never had never will.Check out reversed speech analysis on trump and then on hilary clinton the truth comes out every time you want to see a real amazing one jackie kenndy gives a speach in spanish and reversed analysis comes out in english admiting she killed jfk and jfks came out saying he was affraid of jackie that she might kill him that night she did research this it works

  5. Nick Durghalli says:

    People of California please please stop voting democrat
    We are in desperate need of change. We’re headed towards
    A very dangerous and destructive path . We need a pro American and pro people officials in office who actually care about this country and care about the law .

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