A Big Win For Firearm Owners in California

A Big Win For Firearm Owners in California

You may have missed this news over the long holiday weekend, but a federal judge issued a big win for firearm owners in California.

A Big Win For Firearm Owners in California

On Monday July 3rd, a federal judge granted a preliminary injunction on Thursday that blocks California from enforcing their gun magazine confiscation law.

This is case of Duncan v. Becerra, a federal lawsuit challenging California’s restrictions against standard capacity magazines. The injunction prevents California from enforcing the recently enacted ban against the mere possession of magazines capable of holding more than ten rounds, while the case is pending.

The ban and subsequent confiscation was set to take effect on July 1.

U.S. District Judge Roger T. Benitez said in his ruling that the law, which would make it illegal to possess any gun magazine capable of holding more than 10 rounds of ammunition, likely violates the Second Amendment rights of the plaintiffs in the case.

He ordered that California immediately stop enforcing the law pending further legal action.

(wow, a conservative judge in California!)

In his ruling, Benitez stated, “The statute hits close to the core of the Second Amendment and is more than a slight burden. When the simple test of Heller is applied, a test that persons of common intelligence can understand, the statute is adjudged an unconstitutional abridgment.”

He also stated “If this injunction does not issue, hundreds of thousands, if not millions, of otherwise law-abiding citizens will have an untenable choice: become an outlaw or dispossess one’s self of lawfully acquired property. That is a choice they should not have to make. Not on this record.”

“California’s attempt to ban the possession of standard capacity magazines is unconstitutional and an affront to law-abiding gun owners who have safely, and lawfully owned these tools for decades,” Chris Cox, executive director of the National Rifle Association Institute for Legislative Action, said in a statement.

You can see the Free Beacon Article HERE.

 

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