"She had no place to carry an extra magazine and no way to reload because her left hand held the phone with which she was still trying to call 911," the judge wrote, saying she killed one attacker while two escaped.He ruled that magazines holding more than 10 rounds are "arms" under the U.S. Constitution, and that the California law "burdens the core of the Second Amendment by criminalizing the acquisition and possession of these magazines that are commonly held by law-abiding citizens for defense of self, home, and state. "We're still digesting the opinion but it appears to us that he stuck down both the latest ban on possessing by those who are grandfathered in, but also said that everyone has a right to acquire one," Michel said.Attorney General Xavier Becerra said in a statement that his office is "committed to defending California's common sense gun laws" and is reviewing the decision and evaluating its next steps.Becerra previously said similar Second Amendment challenges have been repeatedly rejected by other courts, with at least seven other states and 11 local governments already restricting the possession or sale of large-capacity ammunition magazines.
The news and stories that matter, delivered weekday mornings.Let our news meet your inbox. In this action, Plaintiffs seek a preliminary injunction enjoining California’s onerous and convoluted new laws requiring ammunition purchase background checks and implementing ammunition anti-importation laws. The California arm of the National Rifle Association sued and Benitez sided with the group's argument that banning the magazines infringes on the Second Amendment right to bear arms. A lot of competitive shooters are suffering, because they have matches inside and outside of California. It does affect my ability to pass on the knowledge that I have to future generations.” Gavin Newsom.The judge cited home invasions, including one where a pajama-clad woman took on three intruders: "She had no place to carry an extra magazine and no way to reload. "Individual liberty and freedom are not outmoded concepts," San Diego-based U.S. District Judge Roger Benitez wrote as he declared unconstitutional the law that would have banned possessing any magazines holding more than 10 bullets.California law has prohibited buying or selling such magazines since 2000, but those who had them before then were allowed to keep them.In 2016, the Legislature and voters approved a law removing that provision. Second Amendment sanctuary, also known as a gun sanctuary, refers to states, counties, or localities in the United States that have adopted laws or resolutions to prohibit or impede the enforcement of certain gun control measures perceived as violative of the Second Amendment such as universal gun background checks, high capacity magazine bans, assault weapon bans, red flag laws, etc. Rhode has used her shotgun to win 14 National Championships, 6 Olympic medals and 50 international medals. "Get breaking news alerts and special reports. It does affect my ability to get ammo. The conflicting decisions on extended magazines may ultimately be sorted out by the U.S. Supreme Court.Michel said the decision "recognizes that the Second Amendment is not a second-class right and that the state has to meet a high burden before it can pass a law that infringes on the right to keep or bear arms," Michel said.Benitez described three home invasions, two of which ended with the female victims running out of bullets.In the third case, the pajama-clad woman with a high-capacity magazine took on three armed intruders, firing at them while simultaneously calling for help on her phone. If Rhode’s name sounds familiar to you, it should. It does affect my ability to be able to train at the highest level. "The goal of the California law is to deter mass-shootings, with Becerra previously listing as an example the terrorist assault that killed 14 and injured 22 in San Bernardino.Benitez, an appointee of Republican President George W. Bush, called such shootings "exceedingly rare" while emphasizing the everyday robberies, rapes and murders he said might be countered with firearms.Both the magazine ban and new assault weapon restrictions were included in legislation, but voters strengthened penalties for the magazine ban with their approval in 2016 Proposition 63, which also included other gun control measures and was championed by then-Lt. Gov. The casualties have been counted. The news and stories that matters, delivered weekday mornings.A 30 round magazine, from left, and a 10 round magazine, from right, rest below an AR-15 rifle at the Ammunition Storage Component company in New Britain, Conn., on April 10, 2013. The 120-page This California law (Proposition 63—passed in 2016) also requires that all ammunition purchases be done in person and makes it illegal for, say, a law-abiding California resident to drive ammo into California from another state.Judge Benitez found these restrictions violate the Second Amendment rights of American citizens.Benitez began his ruling with these pointed words: “The experiment has been tried. California also has the Castle Doctrine (Calif.
For the reasons that follow, the motion for preliminary injunction is granted.”Later in his ruling, Judge Benitez wrote: “Law-abiding citizens are imbued with the unalienable right to keep and bear firearms along with the ammunition to make their firearms work. California’s new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured. It goes to show how stupid the law is, and how it doesn’t work. A U.S. District Judge has stopped enforcement of California’s law requiring citizens to undergo background checks when purchasing ammunition. That a majority today may wish it were otherwise, does not change the Constitutional right.”“The NRA supported this case for the same reason the court struck down the laws: enough was enough,” Kim Rhode is the lead plaintiff in the case.