Federal Judge Halts California Ban on 10 Bullet Gun Magazines

California has one of the strictest gun laws in the nation. After voters on November 8, 2016 passed Proposition 63, the state legislature concurred and the Governor signed into law a ban on possessing high capacity ammunition magazines (those that hold 10 or more bullets), which law was to go into effect July 1, 2017, making it a misdemeanor with punishment of a $100 fine and up to one year in County Jail. Previously in 2000, it was only unlawful to sell or buy high capacity gun magazines. On June 29th, a San Diego Federal District Court Judge ruled the ban was an unconstitutional violation of the Second Amendment to the U.S Constitution.  A Sacramento Federal Judge previously declined to take such action. At this time, therefore, those that already possess large capacity gun magazines can now keep them until a higher court rules on the temporary injunction or it becomes final.

Proponents of the ban have claimed it forces those using guns to reload by changing smaller capacity gun magazines, thereby allowing a victim to subdue the assailant and/or have an adequate period of time to flee.

Opponents state that argument does not apply to law-abiding citizens who previously were allowed to keep the high-capacity magazines they owned, as part of their constitutional right to defend themselves and their families. Additionally, they argued the law would have taken away private property without compensation.

Although not the subject of this blog, the U.S. Supreme Court decided on June 31st to not hear a case in which gun owners had complained their right to carry a concealed weapon for self-defense outside of one’s home was denied because they could not prove their desire to do so in public was no different than the right to self-protection of the general population. Both Justice Clarence Thomas and President Trump’s recent nomination of Justice Neil M. Gorsuch came out with a very strong dissent to that of the majority essentially criticizing the indefensible power of the State to regulate.

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