The U.S. District Court for the Southern District of California on Friday afternoon struck down California’s ban on firearm magazines that hold more than 10 rounds.
From Daily Caller:
Judge Roger T. Benitez concluded in the case of Virginia Duncan, et. al. v. California Attorney General Xavier Becerra that the restriction on magazine round capacity in the state of California “as amended by Proposition 63, burdens the core of the Second Amendment by criminalizing the acquisition and possession of these magazines that are commonly held by law-abiding citizens for defense of self, home, and state.”
Judge Benitez continues, “The statute hits at the center of the Second Amendment and its burden is severe. When the simple test of Heller is applied, a test that persons of common intelligence can understand, the statute fails and is an unconstitutional abridgment. It criminalizes the otherwise lawful acquisition and possession of common magazines holding more than 10 rounds – magazines that law-abiding responsible citizens would choose for self-defense at home. It also fails the strict scrutiny test because the statute is not narrowly tailored – it is not tailored at all.”
The ruling is another legal blow to gun control efforts in the state. Back in July, a three-judge panel of the Ninth Circuit ruled in the case to uphold a lower court’s ruling to block the enforcement of California’s restriction on the possession of firearm magazines that hold 10 rounds or more.
