USA: A federal judge in California has overturned a ban on large-capacity gun magazines


A federal judge in California, USA, has overturned that state’s ban on the sale of firearms magazines containing more than 10 bullets. He called it unconstitutional, “arbitrary and capricious.”

The ban was adopted through the so-called “proposal” during the 2016 election was the subject of various appeals all the way to the United States Supreme Court. He, in turn, referred the case to lower courts. He appealed the 2022 ruling in New York State Rifle and Pistol ociation v. Bruen. The court’s decision requires that firearms laws not conflict with the Second Amendment to the Constitution and be “consistent with the historical traditions of the nation.”

“District Judge Roger T. Benitez, in Friday’s decision, found that the ban on large-capacity magazines does not satisfy this requirement and that there is no tradition of prohibiting or regulating firearms based on magazine or ammunition capacity,” the release said.

According to Benitez, one “government solution to the problem of a few lunatics with guns…makes criminals out of responsible, law-abiding people who want bigger magazines simply for their own protection.”

California Gov. Gavin Newsom called the judge’s decision “pure and simple politics.” He pointed to Benitez’s “achievement in rolling back gun control laws.”

The judge’s ruling was praised by the president and general counsel of the California Rifle and Pistol ociation (CR&PA), Chuck Michel. The case was brought to court by CR&PA together with several private gun owners.

According to AP, most children in the US die from firearms. This year, 220 children under the age of 11 and 1,054 children aged 12 to 17 have died from it.

As of Friday, there have been about 35 m killings in the U.S. this year, according to a database maintained by AP and USA Today in cooperation with Northeastern University. At least 171 people died, not counting the dead attackers.

Andrzej Dobrowolski from New York (PAP)

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