TRENTON, NJ – A ruling in federal court could impact New Jersey’s ban on high-capacity magazines.
A federal judge declared California’s ban on magazines holding more than 10 rounds of ammunition unconstitutional on Friday. U.S. District Judge Roger Benitez in San Diego stated that the ban violates Second Amendment rights and prevents citizens from using such magazines for lawful purposes, including self-defense.
In his 71-page decision, Benitez cited a June 2022 U.S. Supreme Court ruling that mandates firearms restrictions be consistent with the nation’s historical tradition of firearm regulation.
California Attorney General Rob Bonta announced plans to appeal the decision to the 9th U.S. Circuit Court of Appeals and is seeking a stay during the appeal process. Bonta aims to correct what he called an “incredibly dangerous mistake,” contending that Californians need protection from weapons designed for mass casualties.
Benitez has granted a 10-day window for Bonta to seek a stay before enforcing the injunction against the ban. Previously, in March 2019, Benitez had struck down the magazine ban, only to be overturned by the 9th Circuit in November 2021. However, the Supreme Court vacated this ruling and called for new proceedings.
California Governor Gavin Newsom and other state officials who have been advocates for gun control expressed their disagreement with the decision. Meanwhile, Chuck Michel, president of the California Rifle & Pistol Association, said the ruling reflects a shift in how courts view restrictive gun laws.
The case is known as Duncan et al v. Bonta, and it is filed in the U.S. District Court for the Southern District of California.
