Sacramento, CA - U.S. District Judge Roger Benitez ruled on Thursday that California's "high-capacity magazine ban" was likely not constitutional.
The judge issued a preliminary injunction blocking the law from taking effect to give him time to consider the lawsuits from 2nd Amendment organizations such as the National Rifle Association.
The ban, which was signed into law by Governor Jerry Brown last year, requires that citizens surrender their “high capacity” magazines which hold more than 10 rounds. California’s previously enacted gun bill only prohibited the sale or import of magazines that hold more than 10 rounds, but possession was legal.
The law also requires background checks on all ammunition purchases.
While the old fashion types with their 1911s might be safe, most modern full-size pistols hold more than 10 rounds. Banning their magazines effectively turns the guns into paperweights, or requires manufacturers to create special small-capacity magazines or modification kits for California.
"If this injunction does not issue, hundreds of thousands, if not millions, of otherwise law-abiding citizens will have an untenable choice: become an outlaw or dispossess one's self of lawfully acquired property," San Diego-based U.S. District Judge Roger Benitez wrote, according to Sacramento Bee.
California Attorney General Xavier Becerra argued that in the case of mass shootings, changing magazines would force the shooter to waste time changing magazines, giving people chance to run.
While it may take somebody unfamiliar with firearms a long time to reload, our partners at Warrior 12 show us that a trained gunfighter isn't slowed down very much.
Becerra also argued that nobody was being forced to surrender their property, because they were given time to sell it to people out-of-state. The whole "you don't need to surrender your property, you just need to get rid of it," excuse wasn't working in Judge Roger Benitez's courtroom.
Let's call this high-capacity magazine ban what it is: A gun ban, which is intended to render many firearms inoperable and turn otherwise legal gun owners into criminals.
A final ruling will be made on the law at a future date after Judge Benetez has time to consider the lawsuits.