A Federal Judge Upholds Second Amendment Rights -- But The Case Is Heading For The Ninth Circuit

In the seemingly endless parade of measures that infringe upon our rights under the Second Amendment, a recent one in California stands out as especially brazen. Following the passage of Proposition 63 last November, gun owners in the state who own magazines holding more than ten rounds were required to surrender them to state authorities by July 1.

Fortunately, on June 29, Judge Roger Benitez of the Southern District of California threw a monkey wrench into the plans of the gun (and magazine) grabbers.

A bit of history. Back in 2000, California made it illegal to sell magazines capable of holding more than ten rounds, but citizens who already owned those now “illegal” magazines were grandfathered in. They would be permitted by the gracious state to keep and if necessary use their property.

Prop 63 changed that. Owners of large magazines would have to either surrender them or face up to a one-year prison sentence. Peaceful people who own “oversized” magazines must obey the government and give up their property. Once again, instead of protecting individual rights, the state has gone on the attack against them.

A suit was filed against the constitutionality of the magazine confiscation law, naming California attorney general Xavier Becerra as the defendant. By good fortune, the case came before Judge Benitez. (Perhaps the fact that he was born in Havana has something to do with his aversion to authoritarianism.)

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