Landmark Second Amendment Victory: Judge Strikes Down This California BAN...

Judge Benitez, in his ruling, stated, "This case is about a California state law that makes it a crime to keep and bear common firearm magazines typically possessed for lawful purposes." He further asserted, "Based on the text, history, and tradition of the Second Amendment, this law is clearly unconstitutional."

He emphasized the historical context of the Second Amendment, stating, "The history and tradition of the Second Amendment clearly supports state laws against the use or misuse of firearms with unlawful intent, but not the disarmament of the law-abiding citizen."

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The law had previously been invalidated by Judge Benitez in March 2019, but was later reinstated by the Ninth Circuit Court of Appeals in November 2021. However, this time, Benitez was able to reference a June 2022 US Supreme Court ruling in the case of New York State Rifle & Pistol Association v. Bruen, which established a new benchmark for judicial decisions on Second Amendment cases.

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California Governor Gavin Newsom criticized the ruling as a "radical decision," pointing out that it was issued "on the same day President Biden announced his new Office of Gun Violence Prevention." He accused Judge Benitez of playing politics, stating, “Judge Benitez is not even pretending anymore. This is politics, pure and simple."

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September 24, 2023

California Attorney General Rob Bonta, in a press release, pledged to challenge the ruling in the Ninth Circuit. He stated, "We will continue to fight for our authority to keep Californians safe from weapon enhancements designed to cause mass casualties. In the meantime, if the Ninth Circuit stays the decision pending appeal, large-capacity magazines will remain unlawful for purchase, transfer, or possession in California."

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Bonta further argued, "The Supreme Court was clear that Bruen did not create a regulatory straitjacket for states — and we believe that the district court got this wrong. We will move quickly to correct this incredibly dangerous mistake. We will not stop in our efforts to protect the safety of communities and Californians’ rights to go about their business without fear of becoming victims of gun violence, while at the same time respecting the Second Amendment rights of law-abiding gun owners.”

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In the event of the state's ban being overturned, lead plaintiff Virginia Duncan "would immediately acquire and continuously possess a magazine over 10 rounds within California for lawful purposes, including in-home self-defense," as per the complaint.

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Duncan's attorney, Chuck Michel, responded to the ruling, stating, "Today’s rulings represent continued affirmation that the Bruen decision, and Heller before that, represent a sea change in the way courts must look at these absurdly restrictive laws. Sure, the state has appealed, but the clock is ticking on laws that violate the Constitution like this one."