Judge blocks California's high-capacity ammunition ban

[ripcord]

Source: KCRA

High-capacity gun magazines will remain legal in California under a ruling Friday by a federal judge who cited home invasions where a woman used the extra bullets in her weapon to kill an attacker while in two other cases women without additional ammunition ran out of bullets.

"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.
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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. 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.

Read more: https://www.kcra.com/article/judge-blocks-californias-high-capacity-ammunition-ban/26993158

[PoindexterOglethorpe]

1. Well, okay then.

Let's bring weapons with high capacity gun magazines into his courtroom.

What? Not allowed? But, but, they can bring them into a school or supermarket? Why not YOUR courtroom?

Can we discuss the definition of hypocrisy?

[ArizonaLib]

6. I am sure it looked even more ridiculous in court

after everyone had walked through the metal detector and on the way out, anyone who had turned in any firearms signed them back out before leaving the premises. I also want to know if those individual accounts of the home invasions were true or if they were just 'welfare limo queen' stories. Any time a Republican starts a story with "....there was this one person who...." or "...some say...." nothing else exists for them but lying on behalf of those too weak to accept loss like an adult. It is a masked version of kicking and screaming tantrums.

[JustABozoOnThisBus]

11. His assigned sheriff deputies probably all have high-capacity magazines.

And the judge may have one or two at his bench.

As a juror, I couldn't bring a fingernail file, a Kindle, or a cell phone, much less a gun (even with a low-capacity magazine).

[Wabbajack_]

12. Did they provide you with a locker or something?

[JustABozoOnThisBus]

15. No, but they sent me written notification before jury duty.

So, I knew enough to leave the "contraband" in the trunk.

There was one time I forgot about a folding knife with a 1.5" blade. They made me leave. I buried it in the mulch outside the courthouse because I was parked about half a mile away. It was still there at the end of the day.

A locker would be a great idea, for anyone using public transportation or Uber to get to the courthouse. What a pain, if you forgot to leave your phone or smart watch at home and you had to leave.

[Wabbajack_]

22. Yeah I'm on the bus

Without the phone I wouldn't know when it's running so it wouldn't be possible to leave it at home if I were in that situation. I think in my state though that they just make you turn the phone off.

My bro got married in a courthouse, had a pocket knife he forgot about, he chose to let them throw it away rather than walk it all the way back to the car.

[cstanleytech]

25. That leaves me out of jury duty then because I literally have to have my phone with me as it

helps me monitor my glucose levels constantly.

[JustABozoOnThisBus]

28. If you have medical documentation, you should be able to get excused without having to show up.

That goes double if you have to carry a hypodermic needle. Epipens might also get an automatic excuse.

My excuse for the knife was just "forgetfulness".

[rockfordfile]

2. When a person dies from another person having high-capacity magazines that judge

When a person dies from another person having high-capacity magazines that judge should be held accountable.

[Mario Luigi]

3. Probably Trump appointee

[Conjurer]

7. George W. Bush

[defacto7]

4. What bizarre logic... yep, people who only have

regular capacity weapons get killed if they don't have their high capacity ones. Happens every day in your neighborhood. Be very afraid if you haven't amassed enough ammo and your not pointing it at anything that moves, at all times.

jackass...

[Devil Child]

5. Good ruling in support of RKBA

I see nothing wrong with this decision. I'm sure CA will appeal to higher courts though.

[Socal31]

8. Having read it...

[Aussie105]

9. Second amendment:

Say, just to satisfy my curiosity, those guns in existence when the 'right to bear arms' was first aired - how big were the magazines on those muzzle loaders? 10 rounds? 100? 1,000, with every tenth round a tracer bullet?
And the rate of fire? 30 rounds per minute, or higher?

[hack89]

10. Completely irrelevant

The Constitution was designed from the start to evolve and be interpreted over time. If not then women and POC wouldn’t be able to vote, abortion would be a capital crime and marriage equality would have never happened.

[MichMan]

14. Plus the First Amendment would only apply to printing presses and quill pens

[sarisataka]

16. To satisfy your curiosity

The typical weapons of the day were muzzle loading single shot firearms.

There was at least one example of a rifle that had a 20 round, changeable tubular magazine and was indeed capable of more the 30 rpm.

[Aussie105]

24. So the second amendment

got modified over the years, to mean anyone can have any high powered weapon, and blast away at random strangers if they feel like it?

Love to see those changes written back into the Constitution, or someone publish an updated version encapsulating all the changes made since the Constitution was written. I'd love to see how the original wording and intent were warped into NRA Hell.

[hack89]

27. The 2A allows strict gun regulation and the banning of assault weapons

The Supreme Court ruled that in Heller. Seven states and the District of Columbia have assault weapon bans.

The issue is not the 2A. It is the lack of broad and deep public support for assault weapon bans.

[sarisataka]

33. I don't believe it has ever

Been modified by a further amendment. Nor am I aware of any court rulings allowing one to "blast away at random strangers if they feel like it'

There have been several rulings upholding restrictions and several others striking some restrictions. All courts, including SCOTUS have clearly indicated the Second Amendment enumerates a right, that like all others, is not unlimited.

The question is what much restriction is too much? In this cas the court rules 10 rounds is too much restriction. If there is valid reason for 10 (why not 12? Or 8? Is 10 arbitrary?) then the state of California may win on appeal.

[Maxheader]

13. Moron justice...

Keeping score now?

[Cold War Spook]

17. Nobody should have the right to tell us what weapons we can have.

Right now, I am looking to purchase 2 dirty bombs and half a dozen SA-7 GRAIL SAMs. If the government thinks it can keep flying those drones over my house, they are mistaken. I give it no more than half an hour for the black SUVs with tinted windows to show up at my house.

[olegramps]

18. Santa is bringing me a Tank complete with a flame thrower.

[Cold War Spook]

19. No more rush hour traffic.

Cool.

[jpak]

20. Did he cite mass-shootings where the gunman used hi-cap magazines to kill lots of people

too?

Just wondering.

[atreides1]

21. Maybe some marksmanship training

Perhaps if they actually learned how to shoot, instead of just releasing a hail of bullets! I didn't see it mentioned in the article, about what happened to the two women who ran out of bullets!

And the lady in her pajamas, didn't do any better with a larger magazine, she only hit one intruder while the other two escaped!!!

It isn't how large the magazine as much as it's how accurate you are with the weapon.

[Aussie105]

23. But but . . .

A hail of bullets - that's how it is done in the movies!

Scare the Bad Guys with noise! Point, unload the magazine rapid fire with eyes closed, reload, repeat!

So maybe fill those high capacity magazines with blanks? Just as effective!

[sarisataka]

34. Unfortunately if someone does

Practice marksmanship for self defense they are accused of "practicing murder" and training to "shoot to kill". It is a catch 22

All things considered however, best case for the victim is to have good marksmanship and more bullets than needed. There is no rule you need to shoot them all.

[cstanleytech]

26. The real answer to the whole gun issue is to amend the 2nd otherwise laws such as thing

run the risk of getting tossed out of court at the whim of a judge.

[Aussie105]

29. The real answer to the whole gun issue is to

ignore the second amendment as not being relevant to modern life and focus on public safety.
Got to be honest, which is more important?

And, just to be sure, put a $10 tax on every bullet sold. And put that money in a fund only accessible for medical expenses for people who get shot, cover funeral expenses, and compensate wives, husbands, parents for their loss and suffering. $2 million for each dead gun violence victim should do it. This should include any victim 'accidentally' shot by police.

[hack89]

30. You don't ignore the Constitution

It is the pinnacle of the US legal system.

[Red Mountain]

31. Yeah but.......

The Constitution was designed from the start to evolve and be interpreted over time. If not then women and POC wouldn’t be able to vote, abortion would be a capital crime and marriage equality would have never happened.

Shouldn't individuals using modern technology to massacre innocents also be a driver for 2nd amendment evolution?

[hack89]

32. The 2A allows assault weapon bans

Read Heller. The only specific right the 2A protects right now is the right to own a hand gun in your home.

The 2A is not the problem. Everything gun control advocates want short of a complete ban on hand guns is perfectly constitutional - AWBs, registration, magazine size limits, storage and training requirements are all legal right now.

[BurntPickle]

39. That's not the way I read Heller.

Justice Scalia ruled the 2nd Amendment protects types of firearms considered 'in common use'. Most of what we call assault weapons are in common use.

[hack89]

40. Yet post Heller no state AWB has been struck down.

Something to think about.

[LanternWaste]

43. Another spurious correlation?

Another spurious correlation, or actual cause and effect with causal factors objectively provided?

[hack89]

44. Ask Maryland and Connecticut . Nt

[Eliot Rosewater]

41. Militias only, period. simple , outside of a militia you have no right to nothing

[hack89]

45. Said no court of law ever .... nt

[Eliot Rosewater]

46. Constitution says it in plain English

[hack89]

47. Like I said....

Question for you: If the writers of the constitution wanted to restrict guns to militia members only why didn't they actually do it? Why didn't they write actual state laws that did exactly that? No time in US history have Americans been disarmed for not being in the militia- why is that?

[marble falls]

42. Bullshit.

[sarisataka]

35. *sigh* nt

[discntnt_irny_srcsm]

38. Taxes would go up

The US government (including departments like ICE) bought lots of ammo. The cost would increase from (I think the GAO said about $368 million) to over $3.7 billion.

I think we'd have better luck getting Mexico to pay the tax than getting that law passed.