A federal judge has struck down a California law banning gun magazines that hold more than 10 rounds. U.S.

California cannot ban gun owners from having detachable magazines that hold more than 10 rounds, a federal judge ruled Friday.

The decision from U.S. District Judge Roger Benitez won’t take effect immediately. California Attorney General Rob Bonta, a Democrat, has already filed a notice to appeal the ruling. The ban is likely to remain in effect while the case is still pending.

This is the second time Benitez has struck down California’s law banning certain types of magazines. The first time he struck it down — way back in 2017 — an appeals court ended up reversing his decision.

  • Kalcifer@lemm.ee
    2·
    1 year ago

    Every constitutional right has limits.

    Generally, I would be inclined to say yes, but things become more tricky when the constitutional right in question specifically states “Shall not be infringed”. That being said, the limits in question could certainly lie within the definion of “Arms”, and “bear”.

    • ChonkyOwlbear@lemmy.world
      1·
      1 year ago

      It is important to remember that prior to the 14th amendment, the Bill of Rights was understood to only apply to the states, not the federal government. The 2nd when written was never intended to apply to the federal government. Another important distinction is the use of the term “bears”. A person hunting deer is not “bearing arms”. A soldier bears arms. It is a term specifically that refers to fighting for a state, not self defense or any generalized use of weapons. In short, the 2nd amendment was intended to prevent states from disarming militias in order to preserve the ability to assemble a national military. It has nothing to do with one person defending themselves against another.

      • Kalcifer@lemm.ee
        1·
        1 year ago

        It is important to remember that prior to the 14th amendment, the Bill of Rights was understood to only apply to the states, not the federal government.

        You raise a good point about the 14th Amendment. I would argue that it even further enforces the idea that the states, individually, cannot create firearm legislation as it would violates the 2nd Amendment, which, in turn, violates the 14th Amendment.

        Another important distinction is the use of the term “bears”. A person hunting deer is not “bearing arms”. A soldier bears arms.

        While I do agree that paying attention to the exact terminology used is crucial to the Amendment’s interpretation, from what I can see, the definition that you stated is not without contention.

        • ChonkyOwlbear@lemmy.world
          1·
          1 year ago

          I would argue that it even further enforces the idea that the states, individually, cannot create firearm legislation

          I agree which is why we need a federal ban on high capacity weapons.

          the definition that you stated is not without contention

          The roundness of the Earth is under contention too.