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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.

524 comments
  • Lots of great comments and debate here. Love it. But let me address mag bans specifically. They're a silly feel-good measure, at best.

    If you tell me a capacity ban will save lives, I have to ask, have you ever swapped a magazine, of any sort? Hell, I'm actually more on target with my 10-round AR mags. Give's me 4 seconds to breathe, reset myself. The standard 30-round mag is physically and mentally wearing.

    If for no other reason, the idea is childish thinking. Who believes the bad guys, the people they wish to restrict, will just shrug their shoulders and say, "OK."?

    Besides, many LEOs, even sheriffs, have said they won't enforce such a ban. Well... probably not on white people. (Oh look, another racist gun law. Who knew?)

    And even if one still thinks they're a great idea, how will you stop me from getting one from another state? It's a box with a spring in it, they're stupid cheap and plentiful. LOL, in the runup to the Oregan ban there were 100 people posting pics of their full crates in my liberal gun owners' group.

    And perhaps worst of all, this annoys single-issue voters that would otherwise vote Democrat and gives ammo (heh) to conservatives. "SEE! They coming for your guns!" This hill worth dying on to lose elections to the GOP?

    • This hill worth dying on to lose elections to the GOP?

      It has been for quite a few elections now - it would cost blue team nothing to pivot and yet they refuse to do so.

    • It seems that you are saying simultaneously that this is a very weak measure, and also it is a strong enough measure to upset people.

      So then, we have a problem. Something must be done, but even this very small step gets blocked, fought against, and has individuals such as yourself encouraging others to not support it.

      You've said that it could be used as 'ammo' against Democrats, to say that "They are coming for your guns." But couldn't you also say that its the opposite? Like, if someone is worried that "they" are going to take guns away, maybe that person could be placated by knowing that this near-nothing step is what is actually being asked for. It isn't taking guns away. It's a step that, as you say, won't make a lot of difference anyway. So can't that help reduce fear of change?

      From my point of view, something must change. Some people propose big changes, some propose small changes. And both meet resistance. I suggest that if you also want change, then it's probably best to support even small changes without worrying about someone else might get upset that a change was attempted at all.

      • It seems that you are saying simultaneously that this is a very weak measure, and also it is a strong enough measure to upset people.

        Rather, the very nature of arbitrary restrictions - for absolutely no gain - is quite enough to upset people.

        So then, we have a problem. Something must be done, but even this very small step gets blocked, fought against, and has individuals such as yourself encouraging others to not support it.

        Any step which encroaches upon rights without direct tie to solving a problem should be resisted. Have you considered Democrats could, say, literally anything other than big scary rifle and big scary standard mags?

        You’ve said that it could be used as ‘ammo’ against Democrats, to say that “They are coming for your guns.” But couldn’t you also say that its the opposite? Like, if someone is worried that “they” are going to take guns away, maybe that person could be placated by knowing that this near-nothing step is what is actually being asked for. It isn’t taking guns away. It’s a step that, as you say, won’t make a lot of difference anyway. So can’t that help reduce fear of change?

        Given these measures are well-understood as entirely ineffective yet pushed for, it is similarly well-understood there will be further restrictions as nothing will change with the identified problem - how could it, given the measures aren't in any way an addressing of those issues? Thus, we're left with a road to bans via incrementalism.

        I would imagine after Roe v. Wade's pivot, you'd understand how relying on but SCOTUS isn't sound strategy - one must, instead, reject politicians pushing for such arbitrary, unhelpful measures rather than enabling the incompetence and erosion.

        From my point of view, something must change. Some people propose big changes, some propose small changes. And both meet resistance. I suggest that if you also want change, then it’s probably best to support even small changes without worrying about someone else might get upset that a change was attempted at all.

        It would be fair to say politicians are proposing changes; they're unfortunately proposing the wrong ones - neither party is currently willing to consider anything outside their respective side of the wedge issue.

        Blue team could entirely win here, were they willing to abandon their ivory tower - they refuse to do so. That failing is on them and no one else.

    • It's a short sighted argument to say baddies don't follow the rules so your only restricting honest people.

      In Australia assault rifles and automatics are just outright banned. You need a licence to own any type of gun, which takes 6 months waiting for background checks to be done. Guns must be kept in Safes etc.

      So whilst a baddie might want to get an assault rifle and go on a kill rampage he can't. There just aren't any around. You can't break in to a house and steal one.

      Can organised crime get them? Sure. But that's not what this is trying to stop. It's preventing the impulsive bat shit crazy person going on a rampage.

      It absolutely helps, as proven by Australias lack of mass shootings.

      People who want to go hunting still can.

  • 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.

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

  • You can fire the next bullet in a mag magnitudes faster than you can fire the first bullet in the next mag. Not only drastically lowering the rate a gunman can kill, but dissuading it in the first place

  • The incredible liberal skew to r/Politics has migrated from Reddit and it shows.

    So much sheer irrational cope in here it's amazing.

    • do you think Lemmy is exclusively populated with Americans? There's a whole wide world out there you know, where much stricter gun laws are common and accepted across the political spectrum, do not assume anyone's political leaning just because they're against every Joe Schmoe packing heat

    • Conservatives have won the popular vote for a presidential election exactly once since 2000, and it was Bush in 2004. They are, by definition, unpopular. Accordingly, you can expect that in open forums the conversation will skew against Republicans. You don't get to enjoy minority rule and popular opinion at the same time, sorry. If you're tired of being the minority in every space, perhaps you should consider trying to win people over. Here's a good start: https://news.gallup.com/poll/1645/guns.aspx

      The majority want stricter gun laws. If you don't want to be derided, I suggest trying to meet people in the middle and discussing sensible gun control laws. Raising the legal ownership age to 21 seems like an extremely popular measure that the majority of Republicans even support.

      Or you can go ahead and keep coping and whining about conservatism not being popular without an ounce of self awareness. Your choice. I suggest trying to be part of the solution instead of trying to stop the inevitable.

      • Conservatives have won the popular vote for a presidential election exactly once since 2000, and it was Bush in 2004. They are, by definition, unpopular. Accordingly, you can expect that in open forums the conversation will skew against Republicans. You don’t get to enjoy minority rule and popular opinion at the same time, sorry. If you’re tired of being the minority in every space, perhaps you should consider trying to win people over. Here’s a good start: https://news.gallup.com/poll/1645/guns.aspx

        So, in your estimation, does Congress just... not exist? Does it have zero relevance to the United States, e.g. in legislation? As far as I'm aware, they're popular enough to have control of at least one of the houses of Congress at the moment - and that's even leaving aside Governors and other elected positions.

        Setting that aside, you you believe forums - especially niche forums - are in any way a sample set indicative of the general population? There's, say, no selection bias at all?

        Interesting.

        By your own rationale, you should consider the extent to which you should consider trying to win people over e.g. so as to address the incredible skew toward Republicans in current elected positions.

        That said, about that poll - you seem to trust it at face-value. Are you aware of its methodology? Its respondent set? Can you think of zero flaws with its methodology which might, say, skew the respondent set?

        The majority want stricter gun laws. If you don’t want to be derided, I suggest trying to meet people in the middle and discussing sensible gun control laws. Raising the legal ownership age to 21 seems like an extremely popular measure that the majority of Republicans even support.

        Is that so? I'm interested in seeing your support for such a notion.

        If we're going by your Gallup poll, the best to be said is 57% of the population perceives current legislation as benefitting from laws which would be more strict and 44% of the population disagrees. That 12% delta doesn't seem to be the silver bullet, so to speak, that you believe it is. But, for the sake of argument, let's pretend it was - If a blue team candidate doesn't push a given restrictive position, do you believe blue team voters would... suddenly vote for red? Conversely, if a blue team candidate doesn't push a given restrictive position... do you believe there are zero independents who would consider them more palatable?

        We have a fantastic data point on this - in Iowa's 2022 elections, in a state with a roughly three-way split between Republicans, Democrats, and Independents, Iowa codified a strict scrutiny clause for the right to bear arms in its state constitution with an unprecedented ~66% 'yay' rate. Similarly, the Republican candidate - Kim Reynolds - won with ~58% of the vote against a Democratic candidate pushing more restrictions. Clearly, Iowa's Democrats are in need of considering trying to win people over - by data. I realize it's mere anecdote, but the general responses when asked about voter apathy or active rejection of blue candidates are due to such restrictions not sufficiently balanced by bringing anything to the table.

        Or you can go ahead and keep coping and whining about conservatism not being popular without an ounce of self awareness. Your choice. I suggest trying to be part of the solution instead of trying to stop the inevitable.

        I find your without an ounce of self-awareness criticism rather laughable, all things considered. You seem to believe yourself part of the solution and inevitable - much like Agent Smith, funnily enough - for no reason other than your own apparent smug.

        Congratulations - you may not have intended to do so, but you embody the detrimental effect of such a liberal attitude on constructive discourse.

524 comments