US judge strikes down California ban on high-capacity gun magazines

2023-09-23 05:20

By Jonathan Stempel A federal judge in California on Friday declared that state's ban on magazines that hold

By Jonathan Stempel

A federal judge in California on Friday declared that state's ban on magazines that hold more than 10 rounds of ammunition unconstitutional, saying it violated the Second Amendment rights of firearms owners.

U.S. District Judge Roger Benitez in San Diego said California's "sweeping ban" went too far by preventing people from using magazines for lawful purposes, including self-defense.

"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," Benitez wrote in a 71-page decision.

Benitez cited a June 2022 decision by the U.S. Supreme Court, New York State Rifle & Pistol Association v Bruen, requiring that firearms restrictions be "consistent with this nation's historical tradition of firearm regulation" to pass muster.

The judge delayed his injunction against the law for 10 days to give California Attorney General Rob Bonta, who enforces the state's laws, time to ask the 9th U.S. Circuit Court of Appeals in San Francisco for a stay.

Bonta's office did not immediately respond to a request for comment.

Benitez had struck down the magazines ban in March 2019, but the 9th Circuit overturned him in Nov. 2021. The Supreme Court vacated the appeals court ruling and ordered new proceedings consistent with the Bruen decision.

Chuck Michel, president of the California Rifle & Pistol Association, in a statement, said Friday's decision reflects the "sea change in the way courts must look at these absurdly restrictive laws. Sure, the state will appeal, but the clock is ticking on laws that violate the Constitution."

California Governor Gavin Newsom, who has criticized Benitez for multiple decisions favoring firearms owners, had praised the appeals court ruling as a "huge victory for the health and safety of all Californians."

The case is Duncan et al v. Bonta, U.S. District Court, Southern District of California, No. 17-01017.

(Reporting by Jonathan Stempel in New York; Editing by David Gregorio)