Judge Blocks ‘High Capacity’ Mag Ban to Prevent Criminalization of Law-Abiding Californians

UNITED STATES, Salt Lake City : SALT LAKE CITY, UT - JANUARY 15: Ammo and a high capacity 30 round clip sits on the table at the "Get Some Guns & Ammo" shooting range on January 15, 2013 in Salt Lake City, Utah. Lawmakers are calling for tougher gun legislation …
George Frey/Getty Images/AFP

On June 29 — two days before California’s “high capacity” magazine ban was set to take effect — U.S. District Judge Roger Benitez blocked the ban to prevent “otherwise law-abiding” citizens from being criminalized.

Benitez ruled that the ban takes away Second Amendment rights “and amounts to the government taking people’s private property without compensation.”

According to ABC News, Benitez ruled, “If this injunction does not issue, hundreds of thousands, if not millions, of otherwise law-abiding citizens will have an untenable choice: become an outlaw or dispossess one’s self of lawfully acquired property.”

And while the ban was approved by a majority of California voters, Benitez noted, “[The] constitution is a shield from the tyranny of the majority.”

While Benitez’s ruling stalled the ban, the Law Center to Prevent Gun Violence’s Ari Freilich expressed confidence that the ban will eventually be enforced. He said, “Unfortunately this law will be delayed but we are confident it will go into effect, and soon.”

Freilich did not address the fact that the high-profile shooting in Santa Barbara — May 23, 2014 — was carried out with “standard” magazines of 10 rounds. Nor did he address the fact that one of California’s most recent high-profile shootings — the Fresno attack — was carried out with a .357 magnum revolver, a gun which is in no way covered by magazine limitations.

Chuck Michel — attorney for the NRA and the California Rifle & Pistol Association — opined on Benitez’s decision to halt the “high capacity” magazine ban. He said, “This court recognized that the Second Amendment is not a second-class right and that law-abiding gun owners have the right to own these magazines to defend themselves and their families.”

The Brady Campaign to Prevent Gun Violence commented on the District Judge’s decision to halt the “high capacity” magazine ban by pointing to the high-profile shootings at Orlando Pulse (June 12, 2016) and San Bernardino (December 2, 2015). The Brady Campaign did not mention that both venues were gun-free zones. In other words, law-abiding would-be victims were mandated to be disarmed, therefore defenseless.

AWR Hawkins is the Second Amendment columnist for Breitbart News and host of Bullets with AWR Hawkins, a Breitbart News podcast. He is also the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at awrhawkins@breitbart.com.


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