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Federal Judge Rules California Magazine Ban Unconstitutional by John Crump

AR-15 Magazines Group Shot
Federal Judge Rules California Magazine Ban Unconstitutional AR-15 Magazines

Federal District Judge Roger T. Benitez has once again knocked down California’s magazine ban, concluding that the law is unconstitutional, but the judge stayed his decision for ten days to give the state a chance to appeal his decision. The judge wrote:

“Defendant Attorney General Rob Bonta, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order, or know of the existence of this injunction order, are enjoined from enforcing California Penal Code § 32310.”

Duncan v. Bonta centered on California’s ban on standard capacity magazines, often defined as those capable of holding more than ten rounds of ammunition.

Enacted in 2016 as part of Proposition 63, this law sought to criminalize the mere possession of such magazines, even for law-abiding gun owners who had legally acquired them before the ban came into effect. Plaintiffs argued that this ban amounted to an unconstitutional infringement on their Second Amendment rights.

In 2019, when the case then known as Duncan v. Becerra, Judge Benitez issued a summary judgment for the plaintiffs, temporarily blocking the enforcement of California’s ban on standard-capacity magazines. Judge Benitez’s ruling was rooted in the belief that this ban violated the Second Amendment and deprived Californians of their right to self-defense. He noted that millions of responsible gun owners in California had used these magazines for lawful purposes, particularly for self-defense.

After the ruling, it set off what Californians called “Freedom Week,” where citizens of the Golden State rushed to the internet to buy standard capacity magazines.

The state would ask and receive a stay on the judge’s decisions. The Californians could keep the magazines they purchased during this time period. Because of the ten-day stay, there will not be a repeat of the Freedom Week for the time being.

The case would make it to the Supreme Court of The United States (SCOTUS) before being remanded to the Ninth Circuit Court of Appeals after the Bruen decision. The Ninth Circuit would then remand it back to Judge Benitez. Many saw this as the Ninth trying to delay the inevitable decision for the plaintiffs.

Judge Benitez’s new decision shared most of the same arguments as his original decision. He called the magazine limitation arbitrary because each state regulates the number of allowed rounds differently, with most having no restrictions.

“The fact that there are so many different numerical limits demonstrates the arbitrary nature of magazine capacity limits,” the judge wrote.

Judge Benitez also took issue with the state’s argument that having more than ten rounds is unnecessary for self-defense. He took the pro-gun stance that even though you might not need more than ten rounds in most situations to defend yourself, it is better to have it when you need it than to play the odds and take a chance.

“There have been, and there will be, times where many more than 10 rounds are needed to stop attackers,” Judge Benitez wrote. “…Woe to the victim who runs out of ammunition before armed attackers do. The police will mark the ground with chalk, count the number of shell casings, and file the report.”

The state has already issued a notice of appeal to the Ninth Circuit Court of Appeals but faces an uphill battle now that it cannot use interest balancing. Better known as intermediate scrutiny, interest balancing balances the state’s wants against the people’s rights. The Bruen decision rejected the legal theory, stating that any law must be consistent with the Second Amendment’s text, history, and tradition.

If the Ninth Circuit doesn’t extend the stay, it will block the law after ten days, allowing Californians to acquire standard capacity magazines. However, people expect the Circuit Court to extend the stay until it can rule on the decision.

Decision. Signed by Judge Roger T. Benitez on 9/22/2023 by AmmoLand Shooting Sports News on Scribd

NOTICE OF APPEAL to the 9th Circuit as to 149 Order by Xavier Becerra. by AmmoLand Shooting Sports News on Scribd


About John Crump

John is a NRA instructor and a constitutional activist; he has written about firearms and interviewed people of all walks of life.

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Biden Creates New Office to Funnel Taxpayer Funds to Gun Control Advocacy

Professional gun control advocates have always had a seat at the table in the Biden White House. Now, however, they will not only sit at the table but determine its menu, set it, and compile the guest list for it. This comes under a new initiative launched by Joe Biden last Friday to establish an Office of Gun Violence Prevention, to be overseen by none other than Kamala Harris.

But while the effort is supposedly being run by the White House “to reduce gun violence,” its real purpose is to employ professional gun control advocates and amplify their propaganda and agenda with taxpayer dollars.

There are different ways to look at this effort.

One is to dismiss it as a publicity stunt and a way to appease the always demanding, never satisfied gun control lobby, which is a key constituency of the Biden-Harris Administration. After all, the new office has no congressional authorization, no dedicated congressional appropriation, no policy-making or enforcement authority, and no clearly defined reason for being, other than a vague mandate to “coordinate” the administration’s efforts on guns.

The appointment of Harris as its nominal head is perhaps telling, as she has a dismal favorability rating (including with Democrats), a reputation for speaking incoherently, and precious little success in shepherding consequential legislation through Congress. Even the administration’s collaborators in the press can’t seem to settle on a consistent narrative about her, sometimes portraying her as a liability to the Biden ticket and the party and sometimes trying to rehabilitate her image. Harris’ “oversite” portfolio also includes “stemming the migration on the southern border,” where the situation has only gotten worse from national sovereignty, human rights, and law enforcement standpoints.

Besides unchecked illegal immigration that strains infrastructure and social services (leading even the Democrat mayor of New York City to characterize is as an existential crisis for the city), America’s porous border promotes smuggling of contraband and persons, often with deadly consequences. If there is a more disliked and ineffectual politician in D.C. than Kamala Harris, it’s hard to imagine who it is.

But it would be foolish to dismiss the fact that the office’s creation represents a new milestone in an ever-expanding gun control infrastructure that encompasses the legacy media, academia, the digital technology sector, and significant portions of institutional medicine and the entertainment industry. Meanwhile, the executive branch itself is increasingly being weaponized against gun owners and the gun industry in the form of persecutory rulemakings and enforcement policies.

Having a dedicated office of fulltime zealots to interface with this infrastructure could indeed go a long way toward provoking the generational change in hearts and minds necessary to disrupt long-established freedoms, traditions, and legal regimes. The U.S. is currently undergoing its own Cultural Revolution, of sorts, and our Second Amendment rights are not immune to its effects. The newly-created office, if competently administered, could help nudge that process along.

But what is clear is that Biden is determined to use the White House’s own (apparently vast) budget to employ professional gun control advocates at the public’s expense. Previously, the most blatant and egregious example of this was its nomination of a “senior policy advisor” and paid shill for the gun control lobby to head the Bureau of Alcohol, Tobacco, Firearms and Explosives, which enforces federal firearm laws. The effort to nominate David Chipman to that role fortunately went down in flames, thanks to your NRA’s all-out opposition.

But the deputy directors of the new office include Robert Wilcox, who will also serve as special assistant to the president. Wilcox previously worked as the senior director of federal government affairs at Everytown for Gun Safety. There, his salary was underwritten by billionaire anti-gunner Michael Bloomberg. In his new role, however, it will be paid with YOUR federal taxes. Wilcox as an anti-gun lobbyist pushed such radical policies as banning America’s most popular rifle, the AR-15; banning private firearm transfers; holding law-abiding firearm dealers accountable for the acts of criminals; and limiting the capacity of magazines used in self-defense firearms.

Wilcox is not just another policy wonk or expert bureaucrat whose job is to serve the public at large. He is an activist dedicated to the destruction of Americans’ Second Amendment rights. And now money coming out of YOUR pocket will fund his life’s work.

Chipman’s appointment was subject to Senate approval. Wilcox’s is not. But it is just as clearly a thumb in the eye to hardworking Americans who are struggling to get by in Joe Biden’s economy and who believe in the Right to Keep and Bear Arms.

What can best be hoped for Biden’s new antigun office is what can often best be hoped for other unnecessary and politically-charged appendages to the federal bureaucracy: that it spend money while doing and accomplishing nothing. Your NRA will be monitoring its operations carefully and will report on any noteworthy developments.

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