A US District Judge ruled against a California ban restricting gun magazines to ten rounds, finding it unconstitutional. Judge Roger Benitez opined that the ban on high-capacity magazines infringed upon the US Constitution’s Second Amendment, describing it as “clearly unconstitutional”.
California’s defense of the ban rested chiefly on two arguments. The first held that the Second Amendment does not categorize ammunition and magazines as “arms”. Judge Benitez dismissed this argument, asserting that ammunition is a fundamental component necessary for firearm operation and falls under Second Amendment protection. He referenced multiple cases of federal precedent and concluded that the right to bear arms would be meaningless without bullets.
The state also argued that even if some magazines are considered “arms”, those holding more than ten rounds should not be included within the definition. This argument was built on the Second Amendment’s framework of bearing arms for self-defense. The state made a claim that high-capacity magazines are rarely used in acts of self-defense as individuals seldom fire more than ten rounds. As such, these magazines are uncommon in self-defense situations and should not qualify as “arms”.
Judge Benitez disagreed with this position too, commenting that there is no long-standing American tradition of limiting ammunition, and the 10-round limit lacks historical perspective and is arbitrary and capricious. He underlined the lack of federal regulation and consensus among states regarding magazine capacity limits.
In response to this ruling, California Attorney General Rob Bonta filed an appeal the same day. In a statement, Bonta said, “We will move quickly to correct this incredibly dangerous mistake.”
The overturned ban had been enacted in 2016 via Proposition 63, supported by a majority of Californian voters. This proposition also mandated comprehensive background checks, firearm dealer licensing, and introduced other restrictions.
This ruling is the latest setback to California’s endeavours to regulate firearms. A September decision enjoined a law prohibiting the marketing of guns to minors.