Federal Judge Strikes Down Ban on Firearm Magazines
By The Blaze. A federal judge struck down a California ban on magazines that are capable of housing more than 10 rounds because he said the law violated the Second Amendment.
Judge Roger T. Benitez of the U.S. District Court for the Southern District of California issued the judgement on Friday afternoon and totally invalidated the ban. . .
“Plaintiffs contend that the state’s magazine ban thus cannot survive constitutionally-required heightened scrutiny and they are entitled to declaratory and injunctive relief as a matter of law,” he explained. “Plaintiffs are correct.” . . .
“Judge Benitez took the Second Amendment seriously and came to the conclusion required by the Constitution,” said NRA-ILA Executive Director Chris Cox.
“The same should be true of any court analyzing a ban on a class of arms law-abiding Americans commonly possess for self-defense or other lawful purposes,” he concluded.
(Read more from “Federal Judge Strikes Down Ban on Firearm Magazines” HERE)
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Federal Court Strikes Down Magazine Ban
By The Daily Caller. Judge Benitez continues, “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.”
The ruling is another legal blow to gun control efforts in the state. Back in July, a three-judge panel of the Ninth Circuit ruled in the case to uphold a lower court’s ruling to block the enforcement of California’s restriction on the possession of firearm magazines that hold 10 rounds or more. . .
California has banned selling or purchasing magazines with more than a 10-round capacity since 2000; however, anyone who possessed these magazines prior to the law was grandfathered in and were allowed to keep the magazines. Three years ago, voters approved a measure to do away with the provision and the NRA filed a lawsuit. (Read more from “Federal Court Strikes Down Magazine Ban” HERE)
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