Right Hooks

Judge Blocks New California Gun-Control Law

A temporary injunction on a law that unconstitutionally limits and criminalizes standard-capacity firearm magazines.

Political Editors · Jun. 30, 2017

A San Diego based U.S. district judge, Roger Benitez, blocked a recently passed California gun control law that sought to ban any standard magazines with ammunition capacities greater than 10 rounds. Leftists have dubbed these magazines as “high capacity” — don’t fall for their language subterfuge. In issuing his injunction Thursday, Benitez reasoned that the law presented a gun owner with an untenable choice: “Become an outlaw or dispossess one’s self of lawfully acquired property.” The judge issued the temporary injunction in order to further consider a lawsuit brought by California Rifle & Pistol Association. Benitez is concerned that the law infringes on both Second and Fourth Amendment rights.

California Attorney General Xavier Becerra supports the anti-gun law and stated, “I will defend the will of California voters because we cannot continue to lose innocent lives due to gun violence.” Chuck Michael, the attorney representing the California Rifle & Pistol Association, responded to the judge’s decision saying, “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.”

This is good news, at least for the time being. Hopefully, Judge Benitez rules that the law is an unconstitutional infringement on an individual’s right to bear arms. At this point, even though California AG Becerra has suggested otherwise, Americans’ rights are recognized and delineated by the Constitution in order to protect them from the potential abuses of majority rule.

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