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.
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