CALIF. "HIGH CAPACITY" MAGAZINE BAN OVERTURNED

By Bob Walsh

 

 

Acting on Friday United State District Court Judge Roger T. Benitez declared that the moronic and unhelpful "high capacity" (actually standard factory capacity) ban is unconstitutional.  He did, however, stay his order for ten days to allow CA to appeal, which will almost certainly happen.  The 9th Circuit may or may not uphold Benitez.  They SHOULD in light of the Bruen decision but SHOULD and WILL are not the same thing.  The current SCOTUS will (IMHO) almost certainly throw out the magazine ban.

The 71 page opinion was pretty solid.  The judge notes that magazines are necessary functional parts of semi-automatic weapons and should certainly be considered as "arms" in that sense.  He also chided the government for offering a solution to the acts of "a few mad men with guns" consisting of making criminals of honest, law-abiding citizens.