A federal judge has ruled that California’s law limiting magazine capacity and prohibiting the possession or sale of magazines capable of holding more than 10 rounds is unconstitutional.
Last week, U.S. District Court Judge Roger Benitez issued a decision that struck down California’s law on magazine capacity. Citing a recent Supreme Court ruling that determined gun control measures must be consistent with the nation’s historical tradition of firearm regulation, Judge Benitez concluded that there was no historical basis for California to enact a law restricting magazine capacity to under 10 rounds.
“Removable firearm magazines of all sizes are necessary components of semiautomatic firearms. Therefore, magazines come within the text of the constitutional declaration that the right to keep and bear arms shall not be infringed,” explained Benitez in his ruling.
“Because millions of removable firearm magazines able to hold between 10 and 30 rounds are commonly owned by law-abiding citizens for lawful purposes, including self-defense, and because they are reasonably related to service in the militia, the magazines are presumptively within the protection of the Second Amendment.”
Furthermore, Judge Benitez criticized gun control measures like the one passed by California, arguing that they transform responsible, law-abiding individuals into criminals simply for exercising their rights and seeking self-protection.
Following the ruling, California Governor Gavin Newsom issued harsh allegations against Judge Benitez, calling him a “right-wing zealot with no regard to human life.” In a post on X (formerly Twitter), Governor Newsom accused federal judges that strike down gun safety laws as being “NRA-owned.” He also called for a Constitutional Amendment to enact stronger gun control across the country.
