Judge temporarily stops California from confiscating high-capacity magazines

Biting Back For California
Judge Stops California From Confiscating and Destroying Firearm Magazines
Author

04 July, 2017

A federal judge on Thursday blocked a California law set to take effect July 1 that bans residents under many circumstances from owning a firearm magazine capable of holding more than 10 rounds of ammunition, court documents showed. He ordered that California immediately stop enforcing the law pending further legal action.

Benitez added that "a final decision will take too long to offer relief, and because the statute will soon visit irrevocable harm on Plaintiffs and all those similarly situated a state-wide preliminary injunction is necessary and justified to maintain the status quo".

"Proposition 63 was overwhelmingly approved by voters to increase public safety and enhance security in a sensible and constitutional way", Becerra said in the statement.

Although California already has some of the strictest gun laws in the country, state legislators passed the high-capacity ammunition ban past year along with a raft of other new regulations created to tighten up gun control even further.

The plaintiffs argue the law violates their rights under the U.S Constitution to bear arms and receive due process, and against the government seizing their property without just compensation, the complaint said. "When the simple test of Heller is applied, a test that persons of common intelligence can understand, the statute is adjudged an unconstitutional abridgment".

According to many gun owners, the Judge Benitez by saying that it will be a criminal offense if people carrying a firearm with having more than 10 bullets will be a criminal offense, and by this numerous Californian gun owners have criticized the judge's decision.

"If this injunction does not issue, hundreds of thousands, if not millions, of otherwise law-abiding citizens will have an untenable choice: become an outlaw or dispossess one's self of lawfully acquired property", Benitez wrote in his 66-page order. "That is a choice they should not have to make".

Although California Attorney General Xavier Becerra has yet to comment on the recent federal court ruling, he has previously gone on record stating that numerous other courts have already rejected this Second Amendment argument as evidenced by the high-capacity magazine bans already in place in seven other states.

In 2000, the state of California banned the sale of large-capacity magazines, but the ban allowed people who owned them at the time to keep them. "I will defend the will of California voters because we can not continue to lose innocent lives due to gun violence", Becerra further stated.


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