US judge enjoins state’s limit on ammunition magazines

In a big win for the National Rifle Association and the California Rifle & Pistol Association, U.S. District Judge Roger T. Benitez of the Southern District permanently enjoined California from enforcing Proposition 63 and its restrictions on standard capacity ammunition magazines capable of holding more than 10 rounds, finding them unconstitutional.

"California Penal Code Section 32310, 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," Benitez wrote. "... Among other things, it prohibits law-abiding, concealed-carry weapon permit-holders and law-abiding U.S. Armed Forces veterans from acquiring magazines and instead forces them to dispossess themselves of lawfully-owned gun magazines that hold more than 10 rounds or suffer criminal penalties." Virginia Duncan et al. v. Xavier Becerra 17-CV1017 (S.D. filed May 17, 2017).

Attorney C.D. Michel of Michel & Associates PC, who represents the National Rifle Association and the California Rifle & Pistol Association, was pleased with the ruling. "The court's scholarly and comprehensive ruling recognizes that these magazines have great value as self-defense tools," Michel said Friday, "and confirms that the government bears a very high burden to justify a law that infringes on the right to keep and bear arms."

Attorney General Xavier Beccera and the state of California will likely appeal the decision to the U.S. 9th Circuit Court of Appeals but were unavailable for comment Friday.