California’s High Capacity Magazine Ban’s Legal Woes

Whatever your overall political leanings, if you live in California and like guns, you probably understand the struggle of living that #pewpewlife in such an overwhelmingly blue state.

If you’ve been reading up on your local gun news, you’ve probably also been wondering what the hell is going on with the “high-capacity” magazine ban.

Bravo Concealment Magazine Holster
Or “normal capacity” if you don’t hate freedom.

Let’s try to answer that.

Some Background

Responsible gun owners have been under “assault” (pun intended) lately, with everything from “Assault” Weapon Registration to “Gunmaggedon” limiting law-abiding gun-owners from their right to bear arms.  

The latest development however, has been a much needed victory for owners of high-capacity magazines.

Great News! You aren’t going to jail for possessing high capacity magazines (for now)!

To be fair, you probably weren’t going to anyway, but thanks to federal district Judge Roger Benitez, you don’t have to worry about becoming an example!  

What did Judge Benitez do to make this happen? How long will this last? What happens next? What the hell is an injunction?

All fair questions.

Judge Roger Benitez saves the day.

First, who is Judge Benitez and why should I be thanking him?  

Judge Benitez is the *deep breath* Judge of the United States District Court for the Southern District of California.

In short, he’s kind of a big deal, especially when it comes to this magazine ban drama. 

Judge Benitez issued an injunction against Attorney General Xavier Becerra and all officers, agents, attorneys, etc. under him so that none of them can force you to get rid of your “high-capacity” magazines.

roger benitez
California, gaze upon the face of your savior.

What the hell is an injunction?  How long will this last ?

Simply put, an injunction is a court order that stops one party from committing specific acts, in this case, putting you in jail or confiscating your property without compensation. Good deal right?!

Typically an injunction lasts until either a final ruling by the Judge, or, the injunction is overturned by an appeals court.

Isn’t this confiscation unconstitutional?

Here’s the thing, I am not a constitutional expert, but luckily I don’t have to be!

You can read all of the reasoning behind this injunction at the source here.  But for those of us who aren’t fascinated with court documents, here’s the bottom line:

 

Judge Benitez states:

“The Court does not lightly enjoin a state statute, even on a preliminary basis.

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.”

Simply put, your rights are not waived because of the unpopularity of your property. Which sounds pretty good to me. 

Got another gun-focused legal issue you think we should be covering? Let us know in the comments below!

Further Reading:

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/06/30/federal-court-enjoins-california-large-capacity-magazine-confiscation/?utm_term=.42e081927fb8

http://www.courthousenews.com/wp-content/uploads/2017/06/Calif.Guns_.pdf

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