Federal Judge Blocks California ‘High-Capacity’ Magazine Ban for 2nd Time

Second Amendment

U.S. District Court Judge Roger T. Benitez blocked California’s ban on ammunition magazines holding more than ten rounds on Friday.

This is the second time Benitez has issued a decision against the ban.

On June 29, 2017, Breitbart News reported that Benitez blocked the ban to prevent “otherwise law-abiding” citizens from being criminalized.

He noted that the ban takes away Second Amendment rights “and amounts to the government taking people’s private property without compensation.”

On Friday, Benitez issued a decision against the ban again by following the Bruen (2022) framework, which requires tradition to be on the side of the gun control in question.

KQED quoted Benitez noting, “There is no American tradition of limiting ammunition capacity.”

He noted that, historically speaking, detachable magazines “solved a problem with historic firearms: running out of ammunition and having to slowly reload a gun.”

He added, “There have been, and there will be, times where many more than 10 rounds are needed to stop attackers,” Benitez wrote. “Yet, under this statute, the State says ‘too bad.’”

Santa Monica , CA - July 22: California Governor Gavin Newsom speaks during a news conference on gun legislation Friday, July 22, 2022 at Santa Monica College where five people were shot and killed in 2013 by a gunman. (Photo by Hans Gutknecht/MediaNews Group/Los Angeles Daily News via Getty Images)

California Gov. Gavin Newsom (Hans Gutknecht/MediaNews Group/Los Angeles Daily News via Getty Images)

Breitbart News noted that Gov. Gavin Newsom (D) reacted to Benitez’s decision by posting to X:

California’s high-capacity magazine ban was just STRUCK DOWN by Judge Benitez, an extremist, right-wing zealot with no regard to human life.

Wake up, America.

Newsom added, “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.”

In the conclusion to his decision, Benitez wrote:

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.

The decision Benitez handed down on Friday has already been appealed to the U.S. Circuit Court for the Ninth Circuit.

The case is Duncan v. Bonta, No. 3:17cv10710 in the U.S. District Court for the Southern District of California.

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio and a Turning Point USA Ambassador. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010, a speaker at the 2023 Western Conservative Summit, and he holds a Ph.D. in Military History, with a focus on the Vietnam War (brown water navy), U.S. Navy since Inception, the Civil War, and Early Modern Europe. Follow him on Instagram: @awr_hawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at awrhawkins@breitbart.com.

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