A federal judge struck down a California regulation which bans gun homeowners from having removable magazines that carry over 10 rounds.
U.S. District Judge Roger Benitez issued the ruling on Friday, however the ruling will not take impact instantly. Benitez had already struck down the ban on certain magazines in 2017, however an appeals court docket reversed the choice.
In his ruling, Benitez wrote “there is no American tradition of limiting ammunition capacity,” including that removable magazines “solved a problem with historic firearms: running out of ammunition and having to slowly reload a gun.”
“There have been, and there will be, times where many more than 10 rounds are needed to stop attackers,” Benitez wrote within the ruling. “Yet, under this statute, the State says ‘too bad.’”
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FILE – Firearms are displayed at a gun store in Oregon., on Feb. 19, 2021. (AP Photo/Andrew Selsky, File) (AP Photo/Andrew Selsky, File)
California Attorney General Rob Bonta shortly filed a discover of enchantment, and the ban will seemingly stay in place whereas the regulation works its means by way of the courts.
FILE – California Attorney General Rob Bonta speaks at a information convention on the Capitol in Sacramento, Calif., Feb. 23, 2022. ((AP Photo/Rich Pedroncelli, File))
“We believe that the district court got this wrong,” Bonta stated. “We will move quickly to correct this incredibly dangerous mistake.”
California Governor Gavin Newsom additionally shortly criticized the choice, attacking the federal judge on social media.
“BREAKING: California’s high-capacity magazine ban was just STRUCK DOWN by Judge Benitez, an extremist, right-wing zealot with no regard to human life. Wake up, America,” Newsom wrote on a submit on X, previously often known as Twitter. “Our gun safety laws will continue to be thrown out by NRA-owned federal judges until we pass a Constitutional Amendment to protect our kids and end the gun violence epidemic in America.”
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FILE – California Gov. Gavin Newsom speaks at a information convention in Sacramento, Calif., Thursday, March 16, 2023. On Thursday, March 30, 2023, Newsom introduced a brand new political motion committee he says will enhance Democrats in Republican-led states. (AP Photo/Rich Pedroncelli)
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Chuck Michel, president of the California Rifle and Pistol Association, stated the choice by Benitez was “thoughtful and in-depth approach.”
“Sure, the state will appeal, but the clock is ticking on laws that violate the Constitution,” Michel stated.
The Associated Press contributed to this report.
