“A federal judge in California on Friday ruled against the Golden State’s ban on gun magazines that are able to hold more than 10 rounds.
U.S. District Court Judge Roger T. Benitez said the rule violates the Second Amendment and infringes upon citizens’ rights to defend themselves.
“California’s law prohibiting acquisition and possession of magazines able to hold any more than 10 rounds places a severe restriction on the core right of self-defense of the home such that it amounts to a destruction of the right and is unconstitutional under any level of scrutiny,” he wrote in an 86-page decision.
“California’s ban is far-reaching, absolute, and permanent. The ban on acquisition and possession on magazines able to hold more than 10 rounds, together with the substantial criminal penalties threatening a law-abiding, responsible, citizen who desires such magazines to protect hearth and home, imposes a burden on the constitutional right that this Court judges as severe,” he wrote.
Benitez, a George W. Bush appointee who serves on the bench for the Southern District of California, also wrote that California’s ban unfairly impacts a wide swath of the state’s gun owners, as many choose to use magazines containing over 10 rounds for their defense.
“The magazine ban arbitrarily selects 10 rounds as the magazine capacity over which possession is unlawful. … The ban on magazines that hold more than 10 rounds amounts to a prohibition on an entire class of ‘arms’ that is overwhelmingly chosen by American citizens for the lawful purpose of self-defense,” he ruled.