Friday, September 22, 2023

Federal Judge Overturns California's Magazine Ban

The Truth About Guns reports on a federal district court decision in California that has struck down California's ban on "high capacity" magazines as unconstitutional. This is actually a continuation of an earlier case. In 2017, Judge Roger Benitez had struck down the offending state law. The matter was appealed to the Ninth Circuit--the most liberal circuit in the nation--which reversed Judge Benitez. However, the matter was then appealed to the Supreme Court where, the article mentions, "it sat" until the Braun decision. The Supreme Court subsequently remanded the case to be decided in light of the holding in Braun. Naturally, Judge Benitez again found the California law to be unconstitutional and entered an injunction against it. 

    However, before my California readers start trying to order magazines, the Judge has indicated that the injunction will not take effect for 10-days, giving the State time (albeit, very little) to seek a stay from the Ninth Circuit pending an appeal. This is for your benefit since it wouldn't help you, the consumer and gun owner, to start ordering away simply then, a few days later, have the magazine ban reinstated. 

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