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

U.S. District Judge Roger T. Benitez on Friday blocked California’s ban on ammunition magazines larger than 10 rounds.

This is the second time Benitez has decided against a ban.

On June 29, 2017, Breitbart News reported that Benitez blocked the ban to prevent citizens from being criminalized “if they do not comply with the law.”

He said the ban strips people of their Second Amendment rights and “is tantamount to the government taking people’s private property for free.”

On Friday, Mr. Benitez again decided against the ban with the following statement: blue en (2022) framework requires that tradition take sides on the issue of gun control.

KQED Quote Benitez pointed out that “there is no American tradition of limiting ammunition capacity.”

He said that historically, removable magazines “solved the problem with firearms historically of running out of ammunition and having to slowly reload the gun.”

Benitez also wrote, “There have been and will be times when more than 10 bullets are needed to stop an attacker.” “But under this law, the state says, ‘It’s too bad.'”

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

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

California’s ban on high-capacity magazines was only beaten back by Judge Benitez, an extremist right-wing fanatic with no regard for human life.

Wake up, America.

“Until we pass a constitutional amendment to protect our children and end the gun violence epidemic in America, our gun safety laws will continue to be struck down by NRA-owned federal judges,” Newsom added. ” he added.

Concluding his decision, Benítez wrote:

One of the government’s solutions to the few lunatics with guns is legislation that criminalizes law-abiding people who simply ask for large magazines for self-protection. The history and tradition of the Second Amendment clearly supports state laws prohibiting the use or misuse of firearms for illegal purposes, but not the disarmament of law-abiding citizens. Such a solution would be a violation of the people’s constitutional right to keep and bear arms.

Benitez’s ruling Friday has already been appealed to the Ninth Circuit.

The case is Duncan vs. BontaU.S. District Court for the Southern District of California, No. 3:17cv10710.

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and also writes Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment for Breitbart News. He is also a writer and curator.he is a political analyst armed american radio Turning Point USA Ambassador. He was a visiting scholar at his Russell Kirk Center for Cultural Renewal in 2010 and a speaker at the 2023 Western Conservative Summit. Military history focusing on the Vietnam War (Brown Navy), the U.S. Navy since its inception, the Civil War, and early modern Europe. Follow him on Instagram: @awr_Hawkins. To get Down Range, you can sign up at Please contact us directly at

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