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Judge again halts high-capacity magazine sales in California

KCRA 3 – by Dan Thompson

A federal judge on Friday halted sales of high-capacity ammunition magazines in California, giving state officials a chance to appeal his order last week that allowed their sale for the first time in nearly 20 years.

U.S. District Judge Roger Benitez barred further sales until the 9th U.S. Circuit Court of Appeals considers whether to reinstate the state’s ban on magazines holding more than 10 bullets. 

But the judge said those who bought the extended magazines since his initial order a week ago may keep them without fear of being prosecuted while the appeal proceeds.

Hundreds of thousands of gun owners may have bought the magazines since Benitez threw out the state’s ban last week as infringing on their Second Amendment right to bear arms, said Chuck Michel, an attorney for the National Rifle Association and the California Rifle & Pistol Association who filed the lawsuit that led to the ruling.

Under Benitez’s order, no one in California is permitted to manufacture, import, buy or sell large-capacity magazines as of 5 p.m. Friday.

California has prohibited such magazines since 2000, though people who had the magazines before then were allowed to keep them. Benitez last week threw out both the 2000 law and a 2016 law and ballot measure banning possession even by those who had owned them legally.

“All the people who bought the magazines in the last week are protected from prosecution, but any further purchase of these magazines is illegal for the moment,” Michel said. “There was 20 years of pent up demand for these self-defense tools, and several hundred thousand people bought them in the last week, maybe more than several hundred thousand.”

Attorney General Xavier Becerra, who sought the stay, warned in a court filing that it would be difficult for the state to remove the newly purchased magazines, even if the ban is reinstated.

Becerra cited a half-dozen mass shootings nationwide since 2011 where the killers used large-capacity magazines.

“California leads the nation when it comes to common-sense gun laws. We should all be ensuring the safety of our communities, not fighting against long-standing laws that improve public safety,” Becerra said in a statement. He added that he’s confident the ban is constitutional.

Benitez acknowledged in his six-page stay order that other judges, in California and elsewhere, have upheld bans on high-capacity magazines.

“The Court understands that strong emotions are felt by people of good will on both sides of the Constitutional and social policy questions. The Court understands that thoughtful and law-abiding citizens can and do firmly hold competing opinions on firearm magazine restrictions,” he wrote.

“These concerns auger in favor of judicial deliberation. There is an immeasurable societal benefit of maintaining the immediate status quo while the process of judicial review takes place.”

https://www.kcra.com/article/judge-again-halts-high-capacity-magazine-sales-in-california/27059740

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5 Responses to Judge again halts high-capacity magazine sales in California

  1. Enemy of the State says:

    Zero authority

    Traitor scum

  2. # 1 NWO Hatr says:

    “But the judge said those who bought the extended magazines since his initial order a week ago may keep them without fear of being prosecuted while the appeal proceeds.”

    How MAGNANIMOUS of the POS!!!

    “Under Benitez’s order, no one in California is permitted to manufacture, import, buy or sell large-capacity magazines as of 5 p.m. Friday.”

    By WHAT AUTHORITY was that ‘order’ issued???

    In DIRECT VIOLATION of the 2nd Article of the BoR.

    “California leads the nation when it comes to common-sense gun laws.”

    Translation: Commiefornia leads the nation in treason when it comes to illegal gun laws.

    Not that I have to deal with their BULLSH#T anymore… good f’n RIDDANCE to that POS, commie bastion.

  3. Bluwater says:

    Becerra cited a half-dozen mass shootings nationwide since 2011 where the killers used large-capacity magazines.

    Now…..if ONLY those ‘shootings’ were real. But hey; Agenda, agenda, agenda….

  4. Michael says:

    “California leads the nation when it comes to common-sense gun laws”… Then how come they don’t lead the Nation in the lowest Violent Crime Rates?

    In 2017, California had a Violent Crime Rate (per 100,000 inhabitants) of 449.3. In contrast, NH, which has almost no gun control to speak of (although the dems are trying to change that right now), and is a “Constitutional Carry” State, had a Violent Crime Rate (per 100,000 inhabitants) of 198.7.

    In fact, NH continually ranks as one of the top 3 “Safest States” every year. As proof, I refer you to the FBI’s annual “Crime in the US” report; and the section on “Violent Crime”. And in 2017, NH, Maine, and Vermont were the only 3 states with a Violent Crime Rate of under 200 per 100,000 inhabitants (all 3 states are “Constitutional Carry” States). New Hampshire: 198.7… Maine: 121.0… Vermont: 165.8… (The violent crime figures include the offenses of murder, rape, robbery, and aggravated assault). (see: https://ucr.fbi.gov/crime-in-the-u.s/2017/crime-in-the-u.s.-2017/topic-pages/tables/table-5 )

    I have been checking these annual ‘FBI Crime in the US’ reports for over 20 years, and the total Violent Crime Rate ‘per 100,000 inhabitants’ for these 3 states is always the lowest; under 200. [You can see the last 23 years of ‘FBI Crime in the US’ reports at: https://ucr.fbi.gov/crime-in-the-u.s%5D. Except for 2 years where 1 other state was below 200, NH, ME, and VT are the ONLY states to be below 200 year after year.

    So stick your gun control up your ass California Attorney General Xavier Becerra. There is nothing “common sense” about them…

  5. Martist says:

    A hundred gun deaths a day around you would tell you that YOU needed a gun to survive even MORE. That’s common sense.

    Good thing it’s a Right that isn’t even subject to their discussions about what is common sense.

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