Federal judge blocks California's high-capacity magazine ban

(6/29/17) Federal judge blocks California's high-capacity magazine ban to take affect 7/1/17 - http://www.foxnews.com/politics/2017/06/29/judge-blocks-californias-high-capacity-magazine-ban.html

San Diego-based U.S. District Judge Roger Benitez supported the legal challenge by NRA affiliate California Rifle & Pistol Association and ruled today law banning possession of magazines capable of more than 10 rounds would have made law-abiding citizens criminals who currently own them.

"Today, attorneys for the California Rifle & Pistol Association, supported by the National Rifle Association, obtained an important injunction in the case of Duncan v. Becerra, a federal lawsuit challenging California’s restrictions against standard capacity magazines. The injunction prevents California from enforcing the recently enacted ban against the mere possession of magazines capable of holding more than ten rounds, while the case is pending.

In granting the injunction, Judge Benitez explained that Plaintiffs are likely to succeed in this lawsuit because 'public safety interest may not eviscerate the Second Amendment.'” - https://www.nraila.org/articles/201...stay-enforcement-of-california-s-magazine-ban


The case, Wiese v. Attorney General Xavier Becerra, was filed in the United States District Court for the Eastern District of California on 4/28/17 and is supported by civil rights groups The Calguns Foundation (CGF), Second Amendment Foundation (SAF), Firearms Policy Coalition (FPC), and Firearms Policy Foundation (FPF) to oppose Proposition 63 and SB 1446 signed by Governor Brown last year - https://www.calgunsfoundation.org/i...on_so_called_large_capacity_firearm_magazines

"Attorney Raymond DiGuiseppe, a former California deputy attorney general who recently defeated former Attorney General Kamala Harris at the California Supreme Court in an important knife case, has joined ... on the lawsuit.

'The inconvenient truth for the government in this case is that its justification for its magazine ban reduces to nothing more than legislative policy choices based on speculative theories about how these standard-capacity magazines could be used to inflict harm – and that is unconstitutional'"


Support Calguns Foundation - https://www.calgunsfoundation.org/quick_donate
Support NRA/CRPA - http://crpa.org/

https://www.nraila.org/articles/201...stay-enforcement-of-california-s-magazine-ban

"Judge Benitez explained that Plaintiffs are likely to succeed in this lawsuit because 'public safety interest may not eviscerate the Second Amendment'"

http://www.foxnews.com/politics/201...gh-capacity-magazine-ban-but-fight-looms.html

"Judge Benitez said he was mindful of voters' approval and government's legitimate interest in protecting the public but added that the 'Constitution is a shield from the tyranny of the majority.'

Gun owner's constitutional rights 'are not eliminated simply because they possess `unpopular' magazines holding more than 10 rounds,' he wrote in a 66-page decision."

This is still pending. The injunction was to prevent California from enforcing the ban on 7/1/17 of higher than 10 round capacity magazines already owned by citizens.

Midwest said:

Don't we already have a thread on this?

Click to expand...

I checked Legal before starting a new thread and there wasn't one. The other thread in Legal was posted after this one.