A federal judge has struck down a California law that prohibits gun owners from having removable magazines with more than 10 rounds.
U.S. District Judge Roger Benitez issued the ruling Friday, which does not take effect immediately. Benitez had already lifted the ban on certain magazines in 2017, but an appeals court reversed that decision.
“There is no American tradition of limiting ammunition capacity,” Benitez said in his ruling, adding that removable magazines “prevent the historic possibility of running out of ammunition and having to slowly reload the gun.” “We have solved the firearms issue,” he added.
“There have been, and there will be, cases where more than 10 bullets were needed to stop an attacker,” Benitez said in his ruling. “But under this law, the state is saying, ‘It’s too bad.'”
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FILE – Firearms displayed at a gun store in Oregon, February 19, 2021. (AP Photo/Andrew Selsky, File) (AP Photo/Andrew Selsky, File)
California Attorney General Rob Bonta quickly filed a notice of appeal, and the ban is likely to remain in place until the law is heard in court.
FILE – California Attorney General Rob Bonta speaks during a press conference at the Capitol on February 23, 2022 in Sacramento, California. ((AP Photo/Ricci Pedroncelli, File))
“We believe the district court erred on this point,” Bonta said. “We will act quickly to correct this very dangerous mistake.”
California Governor Gavin Newsom also quickly criticized the decision, attacking the federal judge on social media.
“Breaking News: California’s ban on high-capacity magazines was just beaten by Judge Benitez, an extremist right-wing fanatic with no regard for human life. Wake up, America,” Newsom wrote on X (formerly Twitter). I wrote it in “Until we pass a constitutional amendment to protect our children and end the gun violence epidemic in America, our nation’s gun safety laws will continue to be struck down by NRA-owned federal judges.”
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FILE – California Governor Gavin Newsom speaks during a press conference on Thursday, March 16, 2023 in Sacramento, California. On Thursday, March 30, 2023, Newsom announced the creation of a new political action committee to boost Democrats in Republican-led states. . (AP Photo/Ricci Pedroncelli)
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Chuck Michel, president of the California Rifle and Pistol Association, said Benitez’s decision was a “thoughtful and thorough approach.”
“Of course the state will appeal, but the clock is ticking on the unconstitutional law,” Michel said.
The Associated Press contributed to this report.
