Federal judge overturns California ban on high-capacity gun magazines

[dead0man]

CNN

A federal judge struck down California’s ban on firearm magazines holding more than 10 rounds Friday as unconstitutional, “arbitrary and capricious.”

The ban, which was adopted through a 2016 proposition, had gone through various appeals until the US Supreme Court sent the case back to lower courts following its 2022 ruling in New York State Rifle and Pistol Association vs. Bruen. The landmark decision requires that firearm regulations don’t impede on the language of the Second Amendment and be “consistent with this Nation’s historical tradition.”

US District Judge Roger T. Benitez in Friday’s decision said the ban on high-capacity magazines fails to meet that standard and that “there is no national tradition of prohibiting or regulating firearms based on firing capacity or ammunition capacity.”

Benitez wrote that one “government solution to a few mad men with guns … makes into criminals responsible, law-abiding people wanting larger magazines simply to protect themselves.”

good news

[dead0man]

Are machine gun bans unconstitutional then?

probably, but no one who could would be willing to die on that hill.  Do you think machine guns should be banned nationally even though legal ones are never used in crime?  If yes, why?  For the yuk yuks?

The way I understand what some of you guys are saying is that any regulation with respect to arms is unconstitutional.

a non-criminal American should be able to own and be able to take to most public places* any normal gun.  I don't like open carry and don't think people should do it generally, but it should be legal to do.  Non-criminal Americans that legally carry are statistically the least likely people to commit a violent crime (far lower than say, cops or politicians).  Taking their guns away will not lower gun crime and will in fact increase negative outcomes.


*private property owners should be able to tell them to get the hell out if they want to, just like they can with anyone else.  If govt wants to carve out some "special" places they can, but it has to be reasonable and not like what was it? NJ?  That tried to trick Federal law by saying "guns are fine, but you can't carry one within 20 miles of any govt building, bank, airport, train station, bus stop or tree" (the hyperbole was free).