Judge Roger T. Benitez, a federal judge in the U.S. District Court for the Southern District of California, has overturned a ban on firearm magazines with more than 10 rounds.
Judge Benitez ruled that the ban in California “as amended by Proposition 63, burdens the core of the Second Amendment by criminalizing the acquisition and possession of these magazines that are commonly held by law-abiding citizens for defense of self, home, and state.”
The judge further said in his ruling:
“The statute hits at the center of the Second Amendment and its burden is severe. When the simple test of Heller is applied, a test that persons of common intelligence can understand, the statute fails and is an unconstitutional abridgment. It criminalizes the otherwise lawful acquisition and possession of common magazines holding more than 10 rounds – magazines that law-abiding responsible citizens would choose for self-defense at home. It also fails the strict scrutiny test because the statute is not narrowly tailored – it is not tailored at all.”
California has one of the strictest gun control laws in the country. This new overturn comes at a point where some states are actively choosing to protect the second amendment. For example, Missouri is planning to ban every gun control law in the state, making it illegal for federal authorities to enforce gun control.
The NRA has expressed joy over the ruling in California. However, the State would most likely appeal the judge’s decision in the Ninth Circuit, which generally does not favor the second amendment.