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Breaking! Federal Court Finds California Magazine Ban Violates the Second Amendment

Friday, March 29, 2019

In one of the strongest judicial statements in favor of the Second Amendment to date, Judge Roger T. Benitez of the U.S. District Court for the Southern District of California determined on Friday that California’s ban on commonly possessed firearm magazines violates the Second Amendment.

The case is Duncan v. Becerra.

The NRA-supported case had already been up to the U.S. Court of Appeals for the Ninth Circuit on the question of whether the law’s enforcement should be suspended during proceedings on its constitutionality. Last July, a three judge panel of the Ninth Circuit upheld Judge Benitez’s suspension of enforcement and sent the case back to him for further proceedings on the merits of the law itself.

Judge Benitez rendered his opinion late Friday afternoon and handed Second Amendment supporters a sweeping victory by completely invalidating California’s 10-round limit on magazine capacity. “Individual liberty and freedom are not outmoded concepts,” he declared.

In a scholarly and comprehensive opinion, Judge Benitez subjected the ban both to the constitutional analysis he argued was required by the U.S. Supreme Court in District of Columbia v. Heller and a more complicated and flexible test the Ninth Circuit has applied in prior Second Amendment cases.

Either way, Judge Benitez ruled, the law would fail. Indeed, he characterized the California law as “turning the Constitution upside down.” He also systematically dismantled each of the state’s purported justifications for the law, demonstrating the factual and legal inconsistencies of their claims.

Attribution:NRA-ILA

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nancy.larned

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6 comments

  1. The battle is never over with these people. They will find some other way to trample on a citizens right to self-protection. We must be vigilant.

  2. I agree. Taking back lost ground is a plus, but not ultimate victory. The entire constitution must be restored to it’s original intent and purpose. Vigilance is a must, to keep from losing ground. Assertive action is necessary for the ultimate win.

  3. Exactly!

    It’s important that governments and agency mercenaries do not have fire power beyond we the people. Otherwise, it’s the 20th century all over again. The NWO is openly designed for us to die so a few can have it all. We aren’t being paranoid; it’s being realistically about the cabal’s intentions.

    ΜΟΛΩΝ ΛΑΒΕ

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