Sunday, July 9, 2017
Gun Magazine Limitation Banned
Federal Judge Just Blocked New
California Law That Bans One Of Our Constitutional Rights
A federal judge granted a preliminary injunction Thursday preventing California from enforcing its gun magazine confiscation law.
U.S. District Judge Roger T. Benitez said that the law, which prohibits the possession of a magazine with a capacity exceeding 10 rounds of ammunition, likely violates the Second Amendment rights of the plaintiffs in the suit.
As a result, he ordered the state to immediately cease enforcing the law, pending further legal developments.
Now, if California’s law seems silly, there’s good reason – it is. It’s a way to get around
gun control laws without actually making the laws about guns. But it’s a loophole
Judge Benitez spotted quickly. If it restricts your right to own and operate your firearm,
it’s a violation of the 2nd Amendment.
“The Court does not lightly enjoin a state statute, even on a preliminary basis,” Benitez said in the ruling.
“However, just as the Court is mindful that a majority of California voters approved Proposition 63 and that the government has a legitimate interest in protecting the public from gun violence, it is equally mindful that the Constitution is a shield from the tyranny of the majority.”