Even as Joe Biden appoints Kamala Harris Czar of Gun-Grabbing — ahem, gun violence — a federal court struck down California’s high-capacity gun magazine ban for the second time, calling it unconstitutional.
In the People’s Republic of California, Gov. Gavin Newsom (D) is particularly keen on trampling Second Amendment rights. But he’s hardly a new phenomenon, because the ban in question was originally signed into law by then-Gov. Gray Davis (D) in 2000, the Washington Examiner reported. Residents of California were not allowed to buy or sell magazines that could hold 10 or more rounds. U.S. District Judge Roger T. Benitez originally struck the ban down in 2019, but after his ruling was overturned he just ruled the ban unconstitutional again.
From the Washington Examiner:
The 9th U.S. Circuit Court of Appeals overturned Benitez’s ruling in 2021, arguing that the ban fell in line with the state’s efforts to reduce gun violence and is compatible with the Second Amendment. Then, the Supreme Court vacated the appeals court ruling and ordered new proceedings consistent with the decision in New York State Rifle & Pistol Association v. Bruen.
Benitez cited the case in his decision because it clarified that gun control laws must be “consistent with this nation’s historical tradition of firearm regulation.” The judge claimed this magazine ban was not.
The judge’s 71-page decision included the argument, “The history and tradition of the Second Amendment clearly supports state laws against the use or misuse of firearms with unlawful intent, but not the disarmament of the law-abiding citizen.”
Related: New Mexico’s Attorney General Will NOT Enforce Grisham’s Gun Ban
California Attorney General Rob Bonta got his underwear in a knot over Benitez’s decision. “I am going to immediately appeal to correct this dangerous decision,” he declared hysterically on X (formerly Twitter). “We vow to fight to keep Californians safe from weapon enhancements that cause mass casualties.”
It is worth noting here that a 2016 University of Pittsburgh analysis found, “Lawful gun owners commit less than a fifth of all gun crimes.” Not only that, in 2019, federal DOJ data showed that, of prisoners jailed for a crime during which they had a gun, the majority did not purchase the gun legally or directly. That is applicable here because banning legal purchases of guns and gun accessories does not prevent crime. Most gun criminals do not get their equipment legally. Bonta is making claims that are not grounded in reality.
The war on guns isn’t about protecting people. It’s about an encroaching, power-hungry government disarming citizens.
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