Landmark Ruling: California’s Ban on Select Gun Magazines Overturned by Federal Judge

A federal judge has struck down a California law that prohibits gun owners from having detachable magazines with a capacity of over 10 rounds.

U.S. District Judge Roger Benitez issued the ruling on Friday, although it will not take immediate effect. Benitez had previously invalidated the ban on certain magazines in 2017, but his decision was overturned by an appeals court.

In his ruling, Benitez argued that “there is no long-standing American tradition of limiting ammunition capacity,” and highlighted the historical significance of detachable magazines in addressing firearm reloading times.

“There have been, and there will be, instances where more than 10 rounds are necessary to fend off attackers,” Benitez wrote in his ruling. “However, under this statute, the State simply dismisses this fact.”

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Firearms on display at Oregon gun store

FILE – Firearms are displayed at a gun shop in Oregon., on Feb. 19, 2021. (AP Photo/Andrew Selsky, File) (AP Photo/Andrew Selsky, File)

California Attorney General Rob Bonta promptly filed an appeal, and it is likely that the ban will remain in place until the legal process takes its course.

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