The U.S. District court for the Southern District of California ruled Friday that California's ban on ammunition magazines holding more than 10 rounds violates the Second Amendment.
On June 29, 2017, it was reported that U.S. District judge Roger Benitez blocked the implementation of California's "high-capacity" magazine ban just two days before it was to go into effect. He noted the ban could not survive the test of Heller v. D.C. (2008), noting: "When the simple test of Heller is applied...the statute is adjudged an unconstitutional abridgement."
On July 17, 2018, a three-judge panel from the Ninth Circus Court upheld Benitez' ruling, voting 2-1 against the ban, and sending the ruling back to Benitez.
On March 29, 2019, Benitez again ruled against the ban, issuing an order barring CA AG Xavier Becerra from enforcing the ban.
Benitez again relied on Heller, noting that "millions of ammunition magazines able to hold more than 10 rounds are in common use by law-abiding responsible citizens for lawful uses like self-defense. This is enough to decide that a magazine able to hold more than 10 rounds passes the Heller test."
The case is Duncan v. Becerra, No 2:17-cv-56-81 in the US District Court for Southern California.
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