Federal judge shoots down California firearms magazine ban: ‘Liberty not an outmoded concept’

By Jon Dougherty

A federal judge fired back against anti-Second Amendment tyranny this week after striking down a California ban on firearms magazines that hold more than 10 rounds.

Judge Roger T. Benitez of the U.S. District Court for the Southern District of California struck down the ban in its entirety after ruling it an unconstitutional infringement on the right to keep and bear arms.

“Individual liberty and freedom are not outmoded concepts,” said Judge Benitez in the ruling.

“Plaintiffs contend that the state’s magazine ban thus cannot survive constitutionally-required heightened scrutiny and they are entitled to declaratory and injunctive relief as a matter of law,” he explained. “Plaintiffs are correct.”

Benitez also noted that the California law was “turning the Constitution upside down.”

The National Rifle Association hailed the ruling as a step in the right direction in strengthening a key protection in the Bill of Rights.

“Judge Benitez took the Second Amendment seriously and came to the conclusion required by the Constitution,” said NRA-ILA Executive Director Chris Cox.

“The same should be true of any court analyzing a ban on a class of arms law-abiding Americans commonly possess for self-defense or other lawful purposes,” he concluded.

Never miss a story! Sign up for our daily email newsletter — Click here!


Leave a Reply

3 Comment threads
0 Thread replies
Most reacted comment
Hottest comment thread

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Notify of
Dr. Mark Lane
Dr. Mark Lane

Hopefully, this turns out to be as important — in fact, Landmark — as it has the pot -ential to be. Specifically: now that this Federal-Level Ruling has set a Precedent, we can finally go after New York State ( & it’s tyrannical SAFE ACT Ban on Magazines Holding > 10 rds ). The EXACT SAME ISSUE that was just struck down ( & quite definitively, at that ) here ! Now THAT is what’s called “Tailor-Made” ! LOL I just hope that SOMEONE who’s in a position to, starts the ball rolling SOON ( NRA-ILA, are you listening ?… Read more »

william chandler
william chandler

We are the only country in the world that has a Second Amendment. Find one government in all of history that banned it’s own ARMED FORCES from “Keeping and Bearing” ARMS. Find one government in the history of humanity that felt a need to document a “RIGHT” for it’s ARMED FORCES to possess ARMS. Oppressive Governments are ALWAYS banning the People’S RIGHTS to arms. The claim that the Founding Fathers wrote the 2nd Amendment to give Our ARMED FORCES a “right” to keep and carry ARMS is S-T-U-P-I-D. The only reason for the Second Amendment is to clearly spell-out the… Read more »


[…] know what else? There is no provision in the Second Amendment or anywhere else in the Constitutional that allows the Judicial Branch to cite “congressional […]

%d bloggers like this: