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Federal judge again strikes down California law banning gun magazines of more than 10 rounds

California cannot ban gun owners from having detachable magazines that hold more than 10 rounds, a federal judge ruled Friday.

The decision from U.S. District Judge Roger Benitez won’t take effect immediately. California Attorney General Rob Bonta, a Democrat, has already filed a notice to appeal the ruling. The ban is likely to remain in effect while the case is still pending.

This is the second time Benitez has struck down California’s law banning certain types of magazines. The first time he struck it down — way back in 2017 — an appeals court ended up reversing his decision.

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  • Before anyone tries to argue if the 2A covers bullet capacity, let me introduce you to the chambers gun

    Presented to the founding father's in 1792 by its civilian inventor. 224 round capacity. Fully automatic.

    The founding father's not only KNEW about high cap autos, they are even confirmed to have seen in action this fully automatic ultra high capacity gun, and they had absolutely no problem with a civilian owning and making them.

    • Before anyone tries to argue if the 2A covers bullet capacity, let me introduce you to the chambers gun

      This isn’t the gotcha you think it is. The only thing the 2nd amendment covers is “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

      Your argument that bullet capacity is covered is as valid as another’s argument that it’s not because it’s not explicitly stated, so it’s left to interpretation.

      This law is dumb and doesn’t seem likely to actually do anything to curb gun violence.

      However, if someone would like to own a Chambers gun or any other firearm that existed in 1791 when the amendment was ratified then they should be allowed to without restriction, including felons, children, people with mental health issues, illegal drug users etc. This is what the 2nd amendment guarantees in context

      That context is important though. 230 years ago the most common weapons owned and available to the people were muskets and flintlock pistols. Single shot, muzzle loading weapons.

      Let’s also not forget that James Madison redrafted the Second Amendment into its current form "for the specific purpose of assuring the Southern states, and particularly his constituents in Virginia, that the federal government would not undermine their security against slave insurrection by disarming the militia.”

      It is incredibly easy in modern times in the US to be able to access firearms capable of dealing significantly greater death and harm than in 1791. It’s fair to argue that, in current context, the intent of the 2nd amendment would not protect magazine capacity. In fact the case that defined bearable arms, District of Columbia v. Heller, leaves much to debate about whether a magazine constitutes a “bearable arm”.

      • This isn’t the gotcha you think it is. The only thing the 2nd amendment covers is “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

        Fortunately, we have an abundance of analysis on the subject including that used in the ruling to help clarify.

        Your argument that bullet capacity is covered is as valid as another’s argument that it’s not because it’s not explicitly stated, so it’s left to interpretation.

        This, too, was covered.

        However, if someone would like to own a Chambers gun or any other firearm that existed in 1791 when the amendment was ratified then they should be allowed to without restriction, including felons, children, people with mental health issues, illegal drug users etc. This is what the 2nd amendment guarantees in context

        That depends quite a bit on whether or not there were historical analogues, though it's fair to say that felons and "illegal" drug users e.g. marijuana are trending toward correcting.

        That context is important though. 230 years ago the most common weapons owned and available to the people were muskets and flintlock pistols. Single shot, muzzle loading weapons.

        ... with complete technological parity with the standing armed forces of the time, in context.

        Let’s also not forget that James Madison redrafted the Second Amendment into its current form "for the specific purpose of assuring the Southern states, and particularly his constituents in Virginia, that the federal government would not undermine their security against slave insurrection by disarming the militia.”

        Fortunately, we have quite a bit of other text including that from Madison on the subject; a specific limited-scope purpose in one instance does not negate his other statements.

        It is incredibly easy in modern times in the US to be able to access firearms capable of dealing significantly greater death and harm than in 1791. It’s fair to argue that, in current context, the intent of the 2nd amendment would not protect magazine capacity. In fact the case that defined bearable arms, District of Columbia v. Heller, leaves much to debate about whether a magazine constitutes a “bearable arm”.

        And in the post-Bruen world, there's much less room for debate, especially for arbitrary and capricious restrictions on a right.

        • I didn’t say anything about the militia, not sure why you’re referencing that. I provided the verbatim text, which doesn’t reference capacity.

          Heller did not establish protections for magazine capacity, that’s what your image says. It’s not settled law, that’s why it’s being contested. This judge was overruled on appeal on this once before. Until it’s settled law the argument magazine capacity is protected is as valid as the argument it’s not.

          ... with complete technological parity with the standing armed forces of the time, in context.

          Yes, in context for the 1790s the people had access to the same weapons as the standing army, of course they didn’t really have a lot of choice…

          It’s almost like context changes over time and laws need to as well.

          And in the post-Bruen world, there's much less room for debate, especially for arbitrary and capricious restrictions on a right.

          This is wrong. Bruen simply held that may issue states cannot use arbitrary evaluations of need to issue permits for concealed carry. Everything else is, by definition, debatable which is why this case is working its way through the courts.

          Again, this is a dumb law and not at all representative of reasonable gun control but magazine capacity is not protected by the 2nd amendment. Not yet, at least.

          • I didn’t say anything about the militia, not sure why you’re referencing that. I provided the verbatim text, which doesn’t reference capacity.

            And I provided the opinion from a ruling which directly addressed the most common but militia arguments.

            Heller did not establish protections for magazine capacity, that’s what your image says. It’s not settled law, that’s why it’s being contested. This judge was overruled on appeal on this once before. Until it’s settled law the argument magazine capacity is protected is as valid as the argument it’s not.

            I'll take a federal judge's opinion on the matter - one which aligns with what was clearly laid out in Heller - over yours, thanks.

            You seem to be intentionally neglecting that SCOTUS vacated that and kicked it back down to be revisited in light of Bruen, resulting in... this exact ruling.

            Yes, in context for the 1790s the people had access to the same weapons as the standing army, of course they didn’t really have a lot of choice…

            It’s almost like context changes over time and laws need to as well

            Which doesn't change the intent of parity was quite clear - another thing those pesky sources highlight for you.

            This is wrong. Bruen simply held that may issue states cannot use arbitrary evaluations of need to issue permits for concealed carry. Everything else is, by definition, debatable which is why this case is working its way through the courts.

            Do you truly believe that's all that was established in Bruen? You seem to be intentionally ignoring the majority of the outcome of that e.g. the things that triggered this to be vacated and reheard - thus this judgement we're discussing.

            Again, this is a dumb law and not at all representative of reasonable gun control but magazine capacity is not protected by the 2nd amendment. Not yet, at least.

            And the federal judges disagree with you.

            • And the federal judges disagree with you.

              Is the 9th circuit court of appeals not federal? Of course that was 2017, but since the Supreme Court vacated it and Judge Benitez ruled the same way again it’s settled law right? The ban is no longer in effect because the case is finished with this ruling, right?

              What state is your BAR license from? I’d like to see how their requirements compare to mine.

              • Is the 9th circuit court of appeals not federal? Of course that was 2017, but since the Supreme Court vacated it and Judge Benitez ruled the same way again it’s settled law right? The ban is no longer in effect because the case is finished with this ruling, right?

                Are you pretending the supreme court is not federal? Is, perhaps, devoid of authority?

                You seem to be burying your head in the sand and trying to avoid that the supreme court which vacated it did so in light of a ruling which rendered the 9th circuit's ruling invalid, specifically due to Benitez' ruling.

                California has appealed, as they always do. The 9th circuit may or may not accept it; it may or may not continue up to the Supreme Court.

                Are you under the impression settled law is somehow sacred and fixed? That, say, there has never been any occurrence of settled law being revisited in light of better or changed understanding of an issue? Interesting.

                Are you pretending the supreme court's continued establishment of precedent on an issue is meaningless?

                What state is your BAR license from? I’d like to see how their requirements compare to mine.

                Oh, interesting - you cannot manage to address let alone refute an argument, so you... appeal to the authority of education as proving that your unsupported position is somehow unassailable? If your law degree was somehow issued by an entity other than Bullshit University, I have serious concerns about its worth given your apparent lack of familiarity with things covered by even high school debate.

    • Great, but if you need a gun to feel safe in your own country, it is a shithole.

524 comments