2aguy
Diamond Member
- Jul 19, 2014
- 111,998
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- #21
Finally, common sense makes a slight comeback in Cali. We continue to need good and FAIR laws.
"The U.S. District Court for the Southern District of California ruled Friday that California’s ban on ammunition magazines holding more than ten rounds violates the Second Amendment.
On June 29, 2017, Breitbart News reported that U.S. District Judge Roger Benitez blocked the implementation of California’s “high-capacity” magazine ban two days before it was to go into effect. He noted that the ban could not survive the test of District of Columbia v. Heller (2008), noting: “When the simple test of Heller is applied … the statute is adjudged an unconstitutional abridgment.”
On July 17, 2018, a three-judge panel from the United States Circuit Court of Appeals for the Ninth Circuit upheld Benitez’s ruling, voting 2-to-1 against the ban and sending the case back to Benitez."
Federal Judge: California's 'High-Capacity' Magazine Ban Unconstitutional
In 2013, Colorado passed a limit of 15 rounds. It was fought all the way in courts. It was upheld. It appears that California just has to increase the limit to 15 and it complies with the intent of Heller V where MOST semi auto handguns will have right around 10 or more capacity. 10 is not a good limit. I prefer the 20 limit myself but I can live with 15.
And more.....
The Attorney General argues, even so, that it is permissible to ban common handguns with common magazines holding more than 10 rounds because the possession of firearms with other smaller magazines is allowed.29
But Heller says, “t is no answer to say . . . that it is permissible to ban the possession of handguns so long as the possession of other firearms (i.e., long guns) is allowed.” 554 U.S. at 629; Caetano v. Massachusetts, 136 S. Ct. 1027, 1033 (2016) (Alito, J., and Thomas, J., concurring) (“But the right to bear other weapons is ‘no answer’ to a ban on the possession of protected arms.”).
Heller says, “It is enough . . . that the American people have considered the handgun to be the quintessential self-defense weapon.” Id. California’s complete prohibition of common handguns with commonly-sized magazines able to hold more than 10 rounds is invalid.30 “A weapon may not be banned unless it is both dangerous and unusual.” Caetano v. Massachusetts, 136 S. Ct. 1027, 1031 (2016) (Alito, J., and Thomas, J., concurring) (emphasis in original). To the extent that magazines holding more than 10 rounds may be less common within California, it would likely be the result of the State long criminalizing the buying, selling, importing, and manufacturing of these magazines. Saying that large capacity magazines are uncommon because they have been banned for so long is something of a tautology. It cannot be used as constitutional support for further banning.