Judge blocks California’s high-capacity magazine ban
SACRAMENTO — A federal judge on Thursday blocked a California law set to take effect Saturday that would have barred gun owners from possessing high-capacity ammunition magazines.
The judge ruled that the ban approved by the Legislature last year takes away gun owners’ Second Amendment rights and amounts to the government taking people’s private property without compensation.
California law has prohibited buying or selling the magazines since 2000, but until now allowed those who had them to keep them.
“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,” San Diego-based U.S. District Judge Roger Benitez wrote.
He issued a preliminary injunction blocking the law from taking effect while he considers the underlying lawsuit filed by the National Rifle Association-affiliated California Rifle & Pistol Association.
Meanwhile, a Sacramento-based judge on Thursday rejected a similar challenge by several other gun owners’ rights organizations, creating what Ari Freilich, staff attorney at the Law Center to Prevent Gun Violence, called “dueling opinions” that may be sorted out on appeal.
“Unfortunately this law will be delayed but we are confident it will go into effect, and soon,” he said.
He called the San Diego lawsuit and ruling part of an effort by the National Rifle Association “to delay and dismantle California’s law brick by brick.”
Had the ban taken effect, owners would have been required to get rid of their magazines by sending them out of state, altering them to hold no more than 10 bullets, destroying them or turning them into law enforcement agencies. Possession could have been punished by $100 fines or up to a year in jail.
Owners can now keep the magazines until a final ruling by Benitez or if an appeals court overturns his injunction, said Chuck Michel, attorney for the NRA and the California Rifle & Pistol Association.
“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,” Michel said.
State lawmakers approved the ban last year as part of a package of bills adding to what already were some of the nation’s strictest gun laws. Voters agreed in November when they approved Proposition 63, a measure that toughened the penalties by allowing violators to be fined or jailed.