“There have been, and there will be, times where many more than 10 rounds are needed to stop attackers,” the judge wrote in his ruling. “Yet, under this statute, the state says ‘too bad.’ ”
California cannot ban gun owners from having detachable magazines that hold more than 10 rounds, a federal judge ruled Friday.
The decision from the San Diego-based U.S. District Judge Roger Benitez won’t take effect immediately. Democratic U.S. Attorney General Rob Bonta has already promised to appeal the ruling. The ban is likely to remain in effect while the case is still pending.
This is the second time Benitez has struck down California’s law banning high-capacity magazines. The first time he struck it down — back in 2017 — an appeals court ended up reversing his decision.
“This case is about a California state law that makes it a crime to keep and bear common firearm magazines typically possessed for lawful purposes,” Judge Benitez, a nominee of President George W. Bush, wrote in a 71-page decision filed on Sept. 22 (pdf). “Based on the text, history, and tradition of the Second Amendment, this law is clearly unconstitutional.”