California Ban on Normal Gun Magazines Struck Down, Sales of Mags Resume

Opinion

Unconstitutional
California Ban on Normal Gun Magazines Struck Down

SACRAMENTO, Calif.-(Ammoland.com)-The California ban on standard capacity magazines has been knocked down by a federal judge.

San Diego-based U.S. District Judge Roger Benitez declared that laws limiting magazine size violate the Second Amendment. Previously California residents were banned from buying magazines holding more than ten rounds since 2000.

The California law initially grandfathered the magazines that were in the state prior to 2000. In 2016 the California legislature voted to remove the provision that grandfathered these previously legal magazines.

The California Rifle & Pistol Association and the NRA sued over the requirement arguing that by removing the “grandfather” provision that the law violated the Second Amendment rights of the people of the state.

Judge Benitez, who was appointed by George W. Bush, reviewed all information and ruled that any ban of magazine size violated the Second Amendment. In 2017 he issued a stay against the removal of the grandfather clause.

“Individual liberty and freedom are not outmoded concepts,” Judge Benitez wrote in his decision.

The Cuban born judge also pointed to the dangers of home invasions in his ruling. He specifically named three home invasion cases in the ruling. Two of the cases involved woman who used guns to defend themselves against attackers. In both of the cases, the women would have run out of bullets if they had low compacity magazines.

“She had no place to carry an extra magazine and no way to reload because her left hand held the phone with which she was still trying to call 911,” the judge stated in his historic ruling.

California had argued that a magazine ban was necessary to prevent mass shootings like the terror attack in San Bernardino that killed 14 people. The judge rejected the argument pointing out that those type events are “exceedingly rare” and a gun is more likely to stop a robbery.

Chuck Michel, an attorney for the NRA and the California Rifle & Pistol Association, was happy with the ruling that went further than even they asked the courts to consider.

“We're still digesting the opinion, but it appears to us that he struck down both the latest ban on possessing by those who are grandfathered in, but also said that everyone has a right to acquire one,” Michel said.

Some online retailers like Botach have already started processing orders for the once-banned magazines to the residents of the Golden State.

Another one of these retailers is Palmetto State Armory who announced the selling of standard capacity magazines on their social media.

“We are getting prepared to send a whole lot of freedom to our friends in California. #ShallNotBeInfringed #2A” tweeted out Palmetto State Armory with a picture of a longer message asking for customers to be patient as they work through the massive amounts of orders from California.

So called High Capacity Standard Gun Magazines
So called High Capacity Standard Gun Magazines?!

Most of the retailers I have spoken to are waiting to get legal advice before selling magazines that hold more than ten rounds to California residents. Speaking with XTech Tactical CEO Jeremy Deadman, he said he is cautiously optimistic about the court ruling opening up a new market for the company, but said that they need to wait for their legal counsel to finish reviewing the judges ruling before shipping to California.

XTech Tactical official statement reads:

“XTech Tactical has been on the front line of the fight for all inherent rights granted by the 2nd Amendment. This includes standard capacity magazines for Americans. At the time of this statement, Palmetto State Armory was the first only large seller of standard capacity magazines to promise shipments to California. We compliment their actions and will be watching the situation closely!

Now is the time for all 2A supporting Americans to support those groups that are fighting for our rights! This is a big step, but the battle assuredly is far from over! We have been assured clarity from our legal counsel by this coming Tuesday.”

California Judge Attorney General Xavier Becerra was in disbelief and stated that he was evaluating their options and said he was “committed to defending California's common-sense gun laws.”

The liberal Attorney General ultimately said the Supreme Court might have to decide the case which hints that he is willing to take the suit up to the high court.

California Governor Gavin Newsom was also upset with judge’s the ruling over the magazine ban.

This District Court Judge's failure to uphold a ban on high-capacity magazines is indefensible, dangerous for our communities and contradicts well-established case law,” the governor said in a released statement. “I strongly disagree with the court's assessment that ‘the problem of mass shootings is very small.' Our commitment to public safety and defending common sense gun safety laws remains steadfast.”

Both sides are still evaluating the judge's decision but have not announced their next move.


About John CrumpJohn Crump

John is an NRA instructor and a constitutional activist. He is the former CEO of Veritas Firearms, LLC and is the co-host of The Patriot-News Podcast which can be found at www.blogtalkradio.com/patriotnews. John has written extensively on the patriot movement including 3%'ers, Oath Keepers, and Militias. In addition to the Patriot movement, John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and is currently working on a book on leftist deplatforming methods and can be followed on Twitter at @crumpyss, on Facebook at realjohncrump, or at www.crumpy.com.

  • 59 thoughts on “California Ban on Normal Gun Magazines Struck Down, Sales of Mags Resume

    1. I live in Ca. and am forced to obey it’s laws. I will not retreat to another state as some posters suggest; I am not a coward like the ‘retreaters’. Even though the state is suffering from Gastric Newsome, there are more people, in number, in this state that honor the 2nd. amendment than in almost any state in the union. Why don’t some chickens..t folks in other states who critique us so harshly come to our rescue? Why should people in other states abandon us for standing and fighting. We have to fight harder for our gun rights in this state than people in ANY OTHER STATE!

      1. I concur, gun owners should stand with the gun owners in other states whether we live there or not. If we take stock of anti-gun legislation now almost every state, city or town some anti-gunner is pushing for gun restrictions or the banning of components or parts. Our state may be next if we’re not careful. Nationwide support by contacting an anti-gun politician (No matter what state they’re in) forces them to re-think they’re BS legislation.

      2. Love how we are COWARDS, according to George, if we have left the left coast. I’m sure you would leave if you weren’t trapped there. I lived there and worked as a public servant in a very large and not so nice city for a very long time. Hardly a COWARD Jorge!!! It was just time to get away from that loser of a state, to place where the fishing and hunting are good and the taxes are way less. Hope you enjoy your stay George.

    2. One good thing is that the grandfather clause has to be change to read if acquired by 2019 month to be determine due to sale of legal magazine due to this court order. You cant take away what was purchase legally or can they.

    3. You do realize that if you buy cartridges for a 9x18mm Makarov and you do not have a Makarov registered in the Kalifornia gun registry that will initiate a background check on your buying ammo, so I would not celebrate too hard. I guaranty Kalifornia’s legislature is going to have an emergency session to pass laws demanding all hi cap mags be registered and if you don’t have a gun registered that takes a certain magazine, you will probably be stuck with a hefty fine to pay for some sort of an invasive investigation into what you do own, and if it was properly registered. Kalifornia is trying to spread their diseased politics to Arizona, and we do not appreciate it at all. New Zealand had the most lax gun laws in the world and only 1 mass shooting? America’s first mass shooting date back to the late 1700s & 1800s with Indian raids on schools. Thank God the settlers were not so stupid as to think making a school into a “gun free zone” was a viable idea that would actually work. I wish you all the best, from Arizona, and please keep that radical leftist crap on your side of the river.

      1. IMOA, A BGC on ammo is a backdoor anti-gun registration scheme. As you stated, if you purchase ammo for any caliber and if a list is compiled they’ll know what caliber guns you have, where they’re located and who has them.

    4. For Now, and I mean just for now, I will remove the H from Khalifornistan. Kalifornistan people, order them mags as fast as you can and some heat-sealing mylar bags(in case you need them later). And when you can, get the hell outta that shithole country, er state. Allumni ’91

    5. Although I haven’t finished reading the decision. Here’s one of my favorites parts so far:

      “As a matter of public policy, people can debate who makes the decision about how much lethality a citizen can possess. As policy, the State says a law-abiding, responsible person needs only 10 rounds. If you judge for yourself that you will need more than 10 rounds, however, the crime is yours. And, too bad if you complied with the law but needed 11 rounds to stop an attacker, or a group of attackers, or a mob. Now, you are dead. By living a law-abiding, responsible life, you have just become another “gun violence” statistic. And your statistic may be used to justify further restrictions on gun lethality for future law-abiding citizens” – Hon. Roger
      T. Benetiz, United States District Judge

      By the way, Top Gun Supply and Gun Mag Warehouse are now shipping to California.

    6. Rights are NOT “granted by the 2nd Amendment.” The purpose of the 2nd is to recognizes and (is supposed to, anyway) protect the inherent right of the American people as human beings. Hint to Socialist septic tank-dwellers; amending the 2nd Amendment WILL NOT change the rights protected by it, repealing it WILL NOT eliminate them and your attempts at doing leaves us free to ignore your crybaby-tantrum dictates. You ARE NOT our masters and WE THE PEOPLE are not your subjects. You’d better consult your Magic 8 Ball. Your chances for success and continuing to live in your present state of peace and prosperity if you keep pushing hard against the most law-abiding and moral people in the nation? “Outlook Not So Good.”

      1. Typos. I hate that this site does not have an “edit” button. Change something to make it read better and don;t happen to re-read it closely and it DOESN’T read better after all. Sigh . . . . .

    7. I just saw that Beretta has an High Capacity Standard Magazine sale going on for those people in California right now, do yourself a big favor and buy now!!!!!!!!!

      1. I am sure some lawyers have taken notice and if the 9th district court upholds this decisions, because they kicked it back down for “further review”, and “further interpretation”, New Jersey, New York, Massachusetts, Connecticut, etc. could be having their laws challenged next. We can only hope so.

    8. vi. irony

      Perhaps the irony of § 32310 escapes notice. The reason for the adoption of the Second Amendment was to protect the citizens of the new nation from the power of an oppressive state. The anti-federalists were worried about the risk of oppression by a standing army. The colonies had witnessed the standing army of England marching through Lexington to Concord, Massachusetts, on a mission to seize the arms and gunpowder of the militia and the Minutemen—an attack that ignited the Revolutionary war. With Colonists still hurting from the wounds of war, the Second Amendment guaranteed the rights of new American citizens to protect themselves from oppressors foreign and domestic. So, now it is ironic that the State whittles away at the right of its citizens to defend themselves from the possible oppression of their State.

      Accordingly, based upon the law and the evidence, upon which there is no genuine issue, and for the reasons stated in this opinion, Plaintiffs’ motion for summary judgment is granted.69California Penal Code § 32310 is hereby declared to be unconstitutional in its entirety and shall be enjoined.

      This decision is a freedom calculus decided long ago by Colonists who cherished individual freedom more than the subservient security of a British ruler. The freedom they fought for was not free of cost then, and it is not free now.

      IT IS HEREBY ORDERED that:

      Defendant Attorney General Xavier Becerra, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order,or know of the existence of this injunction order, are enjoined from enforcing California Penal Code section 32310.

      Defendant Becerra shall provide, by personal service or otherwise,actual notice of this order to all law enforcement personnel who are responsible for implementing or enforcing the enjoined statute. The government shall file a declaration establishing proof of such notice.

      DATED: March 29, 2019_______________________________
      HON. ROGER T. BENITEZ United States District Judge

      http://michellawyers.com/wp-content/uploads/2019/03/Duncan-2019-03-29-Order-Granting-Plaintiffs-MSJ.pdf?fbclid=IwAR31AO6Uhct6vLoKbo1Zr7kql8QtsOCF5RwPiodA5seyVTwAZ-HxoctNRf4

    9. Best news ever! I’m glad I escaped that commie shithole. Make America Great Again by resting the freedoms outlined in the Constitution.

    10. Useless gun grabber controlling Kalifornia politics have made their mark. Am already loaded up with original mags plus extra “common senss gun control” 10 rounders. Don’t need to lug more weight. Next up, pathetic useless fear and logic will go backwards a hundred years to ban semi-autos, then another hundred years aftrr that to ban repeating arms.
      They just don’t get it. How to be safe from out of control losers.

    11. Gavvie the Nuisance and Javvie the Beast have a little problem: they forget that the US Constitution, which they BOTH swore to uphold and enforce, prohibits interference with trade between any of the states. In other words, if Palmetto, MagPul, or any other company OUTSIDE of California sells and ships anything into one state, say, Texas, they can sell and ship that same item to another state, say,Californa or New York.

    12. One step in the right direction. There are actual people in the court system that can comprehend and understand what
      “shall not be infringed” means along with the rest of the Constitution. You can’t expect becarra to understand because he is hispanic and Newman has dyslexia so he reads everything backwards. These two are running a state the size of California? Yes, down the tubes.

    13. “… California’s common-sense gun laws.”??? WHOSE version of “common sense?”

      Anyone (like Kalifornia’s leftist leaders) who considers 1) disobeying the Constitution, 2) illegally removing the citizenry’s God-given natural – human and civil – rights, and 3) arbitrarily redefining words whenever convenient [standard versus high-capacity, for instance] to be world-class ideas… is too damnably rock-stupid and completely out-of-touch with all reality to be lecturing sane people on “common sense.” No such person has ANY credence or credibility.

    14. San Bernadino, the gay night club in Florida, the School shootings, all were attacks against unarmed people, unable to defend against an attack. It seems to me liberals want every-body to be at the mercy of criminals

      1. and in most of those the perps used the reduced capacity mags, ten round or less. San Bernardino,Parkland, Scammy Crooks, the Texas church shooting last year……

        It has also been well proven that a skilled rifleman or handgunner cah change an empty mag and get the gun back in use in less than two seconds….. no more than the pause to acquire a new target.

        Then there is the recent event where a homeowner was invaded by FIVE dirtbags, crashing throughhis front door. He managed to get his AR, using a standrad capacity mag, and began firing. One perp was DRT, another made it out the front door and was dead out there, a third made it to the getaway car and hospital, where he died there. Two more unarmed, managed to escape but were captured not long after. Homeowner fired well above the California tiny mag cap limit. Had he been forced to use the ten rounder HE might be dead, as at least one of the armed perps was still firing when homeowner had fired round number ten. Or what if one of the unarmed punks had managed to cadge the handgun of one of the DRT guys…..

        Javvie the Beast and Gavvie the Nuisance wanna nannie. Neither are fit for office, but that’s California’s problem trying to become ours.

      2. Little Factoid: up until Las Vegas and INCLUDING the Pulse Nightclub, virtually all of the mass shootings, taking into account the duration of the event and the number of shots fired, could have been accomplished with a muzzle-loading musket the Libs say was all that the 2nd Amendment was written to protect.

        1. The 2nd amendment was meant for muskets is liberals moving the goalposts again, and it’s a lie. Most of the revolutionary navy were PRIVATELY owned ships outfitted for war complete with cannons, deck guns and crew. There was a an inline firing matchlock that could for 12 rounds ALL AT ONCE. There were volley guns with 7 or 9 or 11 barrels, and an air rifle that could fire off 20 rounds as fast as the shooter could pull the trigger, or the Puckel Gun (a harmonica style magazine machine gun) cannons, and of course Pennsylvania rifles. so NO, Taco Stand Alley Cortez,, the 2nd amendment was not meant just for muskets. We should be able to own an aircraft carrier if we can afford one.

    15. It is the first good news to come out of that Communist led state in a long time.

      I do not expect it to go unchallenged and/or reversed.

    16. I doubt this will stop the Communists in California. They have no use for the Constitution and will continue to pass and enforce these laws causing many to follow them out of fear that they would have to spend thousands of dollars and possible incarceration just to prove a point. The best way to ensure our freedoms is to sweep these predatory Anti-American politicians out of office. Either by voting them out, or investigating their numerous crimes which they have been protected from.

    17. Take a look at what is happening in your northern neighbour RIGHT NOW !
      Straight-out illegal actions by our commie prime minister, who also has a bill in parliment to ban ALL civilian handgun ownership! This is happening 25 years AFTER a former liberal government made federal permits manditory for all gun
      owners in Canada on the premis that this would keep guns out of criminal hands. Since then our big citys have seen an increase in crime, ( sound familiar ). These same Liberal politicians blame this crime increase NOT on their laws – which give drug users more access and vulnerability to drugs, but on Canadians who are already one of the most regulated and scrutinized; legal gun owners ! Americans are blessed with the second amendment. Defend it on the peril of losing your liberty and freedoms.

    18. Go ahead and stock up while you can, guys but don’t stop looking over your shoulder because your fight isn’t over yet. Best wishes and good luck from Ohio.

    19. Go ahead and stock up while you can, guys but keep looking over your shoulders because your fight isn’t over yet. Best wishes and good luck from Ohio.

    20. Buy em, load em, and get ready. It’s time to enforce Article VI on your unconstitutional tyrant swine leadership! GJ Judge! I loved your closing sentence, made my Patriot hairs stand up: “The decision is a freedom calculus decided long ago by Colonists who cherished individual freedom more than the subservient security of a British ruler. The freedom they fought for was not free of cost then, and is not free now.” HON. Roger T. Benitez

    21. What s really interesting about this case is all nancy Pelosi nephew, Gavin newsom, had to do was leave things alone! But by violating the 14th amendment he activated the judge and boom! Yep, confiscation without remuneration, bang! Ignorant poop. I ordered 4 31rd mags for PCC and a 50rd drum because I can LOL This is just crazy what a bunch of egotistical morons, thank G-d as my Jewish friends would say!

      1. This ruling only applies in Cali, should it go before SCOTUS and they uphold it THEN it would impact the whole country!

      2. AGREED!!! BUT as you well know we have a ROYAL “EMPEROR” cuomo running N.Y. that has OPENLY STATED in speeches (by “royal decree”) “HE” fully intends to ignore the U.S. CONSTITUTION, BILL of RIGHTS, the POTUS and “INSTALL HIS OWN PROGRESSIVE (communist) “GOVERNMENT” in N.Y. now that “HE ALONE” (as he decrees) has “COMPLETE CONTROL” over all the “government” of N.Y.. TREASON??? YOU BET!…. Time for a HANGING? The sooner the better.

    22. WATCH THOUGH–the NINTH “CIRCUS” COURT has not ruled on this reversal. Those Democrat Party judges will reverse this district judge’s ruling and it will go back to the ten round “law.” Just watch!

    23. Congrats Kalifornia! Buy as many as you can afford before this ruling gets appealed to the totalitarian, constitution hating 9th Circuit.

    24. Never heard of a Judge Attorney General – don’t give the CA liberals any ideas their AG can be prosecutor, judge, jury and executioner!

      Ever notice how politicians (Newsom) make statements like this ruling is contrary to well establised case law, yet never quote those cases? Maybe because those case do not address the subject matter here on all four corners, or more likely, were before Heller and McDonald, hmmmm!

      Celebrate, yes, but to take this ruling as controlling would be naive and reckless. I find it hard to believe any attorney would give legal advice to any company, that it being okay to start shipping orders of the style magazines in question to CA – especially when an appeal by the “Judge Attorney General” will land in the 9th Circuit Appellant Court.

      Who wants to bet their donuts the 9th Circuit Appellant Court upholds the District Court of Southern California ruling? Not me!

    25. So based on this wonderful 2a event does that mean oregon liberals won’t be able to push their magazine ban thru? Or is it wishful thinking on my part?

    26. Dick’s Sporting Goods reports $150 million in lost sales after halting assault-weapons sales

      Their decline continues

      Boycott Dicks Sporting Goods

        1. It’s a toothpick, if someone ASSAULTS you with it. Other than that concept, I’m kind of foggy on the whole thing.

        2. Weapons that are capable of fully automatic firing. (select fire) Which AR-15’s are NOT…. “regular citizens” are NOT allowed to own one, unless you have a class-three dealers license (and PAY up the butt to get). The words “assault weapons” is a “term” dreamed up by DEMOCOMMUNISTS to drum up fear and sympathy for the COMMUNIST MORONS that want us all disarmed so we can be better “controlled, or “eliminated” as THEY see fit. An armed populace are a direct threat to a TYRANNICAL “government”. (the reason for the 2nd amendment to begin with)

      1. GOOD! GLAD TO HEAR! The ANTI-American people who are controlling DICKS need to have their heads examined by a PSYCHOLOGISTS or should I say PODIATRIST. Their brains are not functioning well.
        The Califonistan’s “a.g.judge” is trying to RAM COMMUNIST down Americans throats with a COMMON so-called “common sense” “color of law” – – law!
        The TRUE Americans in California MUST take California BACK from these DemocRATic COMMUNIST / ISLAMIST / NWO PARTY members.

    27. Yes… This judge is A REAL JUDGE!!!!!!
      SOMEONE GIVE THIS MAN A AWARD FOR CONSTITUTIONAL HEROISM!!!!!!!

    28. Magazines are on the way to the infringed Freedom loving people of Commiefornia regardless of what the Fascist Taliban Proletariat of Commiefornia think or say,Eff em,let Freedom and Liberty reign. Coming soon to a infringement state near you.

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