By Dave Workman
Editor-in-Chief
A federal judge in California has, for the second time, struck down the state’s ban on so-called “high capacity magazines,” giving gun rights activists reason to celebrate as the 38th annual Gun Rights Policy Conference convenes in Phoenix, Ariz.
Among those cheering the ruling by U.S. District Court Judge Roger Benitez is the Second Amendment Foundation, which is co-hosting the conference with the Citizens Committee for the Right to Keep and Bear Arms. SAF Executive Vice President Alan Gottlieb suggested in a statement this ruling could affect similar bans in other states.
According to U.S. News, California Attorney Genera Rob Bonta has ten days to launch an appeal, which he has vowed to do.
Judge Benitez handed down the 71-page ruling, noting in his decision, “Removable firearm magazines of all sizes are necessary components of semiautomatic firearms. Therefore, magazines come within the text of the constitutional declaration that the right to keep and bear arms shall not be infringed. Because millions of removable firearm magazines able to hold between 10 and 30 rounds are commonly owned by law-abiding citizens for lawful purposes, including self-defense, and because they are reasonably related to service in the militia, the magazines are presumptively within the protection of the Second Amendment. There is no American history or tradition of regulating firearms based on the number of rounds they can shoot, or of regulating the amount of ammunition that can be kept and carried.”
“We are delighted with this ruling,” Gottlieb said. “The decision affects Washington Attorney General Bob Ferguson’s defense against a lawsuit challenging a similar ban in his state, which is also in the Ninth Circuit, as well as bans in other states. Ultimately, we expect this issue will have to be decided by the U.S. Supreme Court.”
SAF is currently suing Ferguson in a challenge of Washington’s ban. Gottlieb and SAF are also suing Ferguson in a separate action, alleging civil rights violations.
As explained by Judge Benitez, “Because the State did not succeed in justifying its sweeping ban and dispossession mandate with a relevantly similar historical analogue, California Penal Code § 32310, as amended by Proposition 63, is hereby declared to be unconstitutional in its entirety and shall be enjoined.”
“This is the second time California has tried to defend this ban,” noted SAF Executive Director Adam Kraut, “and the second time Judge Benitez has ruled against the statute. California clearly does not get the message about the Second Amendment.”
The Gun Rights Conference is unfolding this weekend in Phoenix. Hundreds of Second Amendment activists from across the country are gathering for the event.
