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California's ban on gun magazines struck down in federal court for the second time

Benitez said in his most recent ruling that the magazine ban was not consistent with California's laws regulating firearms. 

Published: September 23, 2023 2:10pm

A federal court in California on Friday struck down the state's ban on gun magazines for the second time. 

The ban forbade California residents from buying or selling magazines that have 10 or more rounds. It was previously struck down in 2019 by Judge Roger T. Benitez, but was overturned in 2021.

Later, the U.S. Supreme Court vacated the appeals court ruling and ordered new proceedings consistent with the decision in New York State Rifle & Pistol Association v. Bruen, according to the Washington Examiner.

Benitez said in his most recent ruling that the magazine ban was not consistent with California's laws regulating firearms. 

"The history and tradition of the Second Amendment clearly supports state laws against the use or misuse of firearms with unlawful intent, but not the disarmament of the law-abiding citizen," he wrote in a 71-page decision, according to Reuters.

California Democratic Attorney General Rob Bonta vowed to appeal the decision.

"I am going to immediately appeal to correct this dangerous decision," he wrote on X, formerly called Twitter. "We vow to fight to keep Californians safe from weapon enhancements that cause mass casualties."

Charlotte Hazard is a reporter at Just the News. Follow her on X.

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