A federal judge has blocked California’s ban on high-capacity magazines as unconstitutional while stating that the most popular firearms lawfully used by Americans typically hold more than 10 rounds.

In his ruling on Friday evening, U.S. District Judge Roger Benitez, a Bush-appointee, stated that “California’s law prohibiting acquisition and possession of magazines able to hold any more than 10 rounds places a severe restriction on the core right of self-defense of the home such that it amounts to a destruction of the right and is unconstitutional under any level of scrutiny.”

Benitez based his ruling on the 2008 landmark case District of Columbia v. Heller in which the Supreme Court held that the Second Amendment applies to firearms in lawful, common use.

“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,” he wrote. “This is enough to decide that a magazine able to hold more than 10 rounds passes the Heller test and is protected by the Second Amendment.”

Some of the guns in common use that hold more than 10 rounds include the Glock 17 pistol and the Ruger 10/22 rifle, both of which have been sold for several decades, Benitez noted.

In contrast, California’s 10-round limit was first introduced in 2000, at which time it grandfathered already-owned magazines above that limit.

However, in 2016 the state effectively outlawed even the ownership of magazines over 10 rounds, which Benitez said was an unconstitutional seizure of property without compensation.



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