Finally, a judge with a solid head on their shoulders chimes in…
A Federal Judge has just blocked one of California’s attempts to infringe on the Second Amendment, citing that the law would turn thousands of law-abiding citizens into criminals overnight.
The law in question aims to prohibit residents of California from possessing standard-capacity magazines (which lawmakers in the liberal state like to call ‘high-capacity‘ or ‘large-capacity’), making magazines capable of holding more than 10 rounds at a time illegal.
The ban which would have gone into effect Saturday was blocked by San Diego-based U.S. District Judge Roger Benitez and represents a massive legal win for the National Rifle Association-affiliated California Rifle & Pistol Association.
More on the case via the CalGuns Foundation
The case, Wiese, et al. v. Attorney General Xavier Becerra, et al., was filed in the United States District Court for the Eastern District of California and is supported by civil rights groups The Calguns Foundation (CGF), Second Amendment Foundation (SAF), Firearms Policy Coalition (FPC), and Firearms Policy Foundation (FPF).
The brief, filed in support of the temporary injunction plaintiffs believe is necessary to keep them from irreparable harm, argues that the State’s “large-capacity” magazine ban laws not only violate Second Amendment rights, but also violate the Constitution’s guarantee of due process, prohibition against government taking of private property without just compensation, and are unconstitutionally vague.
California’s magazine ban laws are a “sweeping prohibition [that] would deprive countless responsible owners of their constitutionally-protected rights [and] is entirely unjustified by the state’s mismatched legislative goal. And because the law is designed around this forced extraction of property, it is not ‘“readily susceptible’ to a limiting construction that would render it constitutional,” said the plaintiffs in the filing.
“Unless and until the State is enjoined” from enforcing the ban, the brief argues, the plaintiffs and thousands of other like them “would suffer irreparable injury arising from the permanent loss of constitutionally-protected liberty interests and loss of irreplaceable personal property.”
As Fox News notes, Judge Benitez additionally cited that ‘the law approved by voters in November takes away gun owners’ Second Amendment rights and amounts to the government taking people’s private property without compensation.’
California Attorney General Xavier Becerra who has been defending the state’s position in regards to the law has yet to comment on Judge Benitez’s preliminary injunction.
Thoughts on California’s gun laws? Let us know in the comment section below.