A federal judge on Friday issued an injunction blocking California’s gun ban banning magazines that hold more than 10 rounds.
U.S. District Judge Roger Benitez, appointed by George W. Bush, found It argued that the law was unconstitutional, noting that such magazines are “probably the most commonly owned firearms industry in America.” Benitez called the law “extreme” and noted that “there is no American tradition of limiting ammunition capacity.”
“This case concerns a California law that criminalizes the storage and possession of common firearm magazines normally possessed for lawful purposes,” he wrote. “Based on the text, history, and tradition of the Second Amendment, this law is clearly unconstitutional.” (Related: The Supreme Court takes up another important Second Amendment case. Here’s what you need to know)
“There have been and will be times when more than 10 bullets are needed to stop an attacker,” Benitez later said. “But under this law, the state says, ‘It’s too bad.'”
BREAKING: U.S. District Judge Roger Benitez has issued an injunction against California’s magazine ban!
However, the order will be suspended for 10 days to allow time for appeal. This is one of the most high-profile Second Amendment cases in the United States, and the implications are… pic.twitter.com/ABUmSxz7ao
— National Gun Rights Association (@NatlGunRights) September 22, 2023
The injunction will not go into effect for 10 days to give California Attorney General Rob Bonta enough time to appeal. Bonta filed a notice of appeal Friday, pointing to a statement published in the Daily Caller News Foundation.
“The Supreme Court has made clear that Bruen does not impose regulatory constraints on states, and we believe the district court erred in this determination,” Bonta said. statement.
According to survey statistics cited by the judge, about 48% of gun owners own a weapon that can hold 10 or more rounds.
Benitez previously blocked this law in 2019. decision That decision was reversed on appeal to the Ninth Circuit, but the Supreme Court sent the case. return The case will be heard in light of the decision in New York State Rifle and Pistol Association v. Bruen.
The Supreme Court will meet in Bruen in 2022 ruling Laws regulating firearms must be consistent with the country’s “historic tradition of firearms regulation.”
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