Federal Courts

Federal judge blocks California gun magazine confiscation scheme

A federal judge granted a preliminary injunction on Thursday that blocks California from enforcing their gun magazine confiscation law.

U.S. District Judge Roger T. Benitez said in his ruling that the law, which would make it illegal to possess any gun magazine capable of holding more than 10 rounds of ammunition, likely violates the Second Amendment rights of the plaintiffs in the case. He ordered that California immediately stop enforcing the law pending further legal action.

"The Court does not lightly enjoin a state statute, even on a preliminary basis," Judge Benitez said in the ruling. "However, just as the Court is mindful that a majority of California voters approved Proposition 63 and that the government has a legitimate interest in protecting the public from gun violence, it is equally mindful that the Constitution is a shield from the tyranny of the majority. Plaintiffs' entitlements to enjoy Second Amendment rights and just compensation are not eliminated simply because they possess ‘unpopular' magazines holding more than 10 rounds." 

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