Please ensure Javascript is enabled for purposes of website accessibility
Judge Again Halts High-Capacity Magazine Sales in California
gvw_ap_news
By Associated Press
Published 5 years ago on
April 8, 2019

Share

SACRAMENTO — A federal judge has halted sales of high-capacity ammunition magazines in California, giving state officials a chance to appeal his order last week that allowed their sale for the first time in nearly 20 years.
U.S. District Judge Roger Benitez barred further sales until the 9th U.S. Circuit Court of Appeals considers whether to reinstate the state’s ban on magazines holding more than 10 bullets.
But the judge said those who bought the extended magazines since his initial order a week ago may keep them without fear of being prosecuted while the appeal proceeds.

Prohibited Since 2000

Hundreds of thousands of gun owners may have bought the magazines since Benitez threw out the state’s ban last week as infringing on their Second Amendment right to bear arms, said Chuck Michel, an attorney for the National Rifle Association and the California Rifle & Pistol Association who filed the lawsuit that led to the ruling.
Under Benitez’s order, no one in California is permitted to manufacture, import, buy or sell large-capacity magazines as of 5 p.m. Friday.
California has prohibited such magazines since 2000, though people who had the magazines before then were allowed to keep them. Benitez last week threw out both the 2000 law and a 2016 law and ballot measure banning possession even by those who had owned them legally.
“All the people who bought the magazines in the last week are protected from prosecution, but any further purchase of these magazines is illegal for the moment,” Michel said. “There was 20 years of pent up demand for these self-defense tools, and several hundred thousand people bought them in the last week, maybe more than several hundred thousand.”

Attorney General Sought Stay on Ruling

Attorney General Xavier Becerra, who sought the stay, warned in a court filing that it would be difficult for the state to remove the newly purchased magazines, even if the ban is reinstated.
Becerra cited a half-dozen mass shootings nationwide since 2011 where the killers used large-capacity magazines.
“California leads the nation when it comes to common-sense gun laws. We should all be ensuring the safety of our communities, not fighting against long-standing laws that improve public safety,” Becerra said in a statement. He added that he’s confident the ban is constitutional.
Benitez acknowledged in his six-page stay order that other judges, in California and elsewhere, have upheld bans on high-capacity magazines.
“The Court understands that strong emotions are felt by people of good will on both sides of the Constitutional and social policy questions. The Court understands that thoughtful and law-abiding citizens can and do firmly hold competing opinions on firearm magazine restrictions,” he wrote.
“These concerns auger in favor of judicial deliberation. There is an immeasurable societal benefit of maintaining the immediate status quo while the process of judicial review takes place.”

DON'T MISS

The Pickle Flavor Frenzy and Its Rise in Food Trends

DON'T MISS

Kate Hudson Had a Lifetime to Make a Record. The Result is ‘Glorious,’ Out in May

DON'T MISS

Long-Lost First Model of USS Enterprise from ‘Star Trek’ Boldly Goes Home

DON'T MISS

California Leaders Take Sides in Monumental Supreme Court Case on Homelessness

DON'T MISS

Man Sets Himself on Fire Outside Trump Hush Money Trial Court

DON'T MISS

McDonald’s Ice Cream Machines Are So Unreliable They’re a Meme. They Might Also Be a Climate Solution.

DON'T MISS

Real Estate Experts Talk Fresno’s Economic Future. Are Tough Times Ahead?

DON'T MISS

Unlocking the Secrets to Fresno State’s Superb Baseball Season

DON'T MISS

‘This Is How to Improve Reading Proficiency. We Just Have Execute It’: FUSD Board President

DON'T MISS

Does Dyer Support (or Endorse) Bredefeld for Supervisor?

UP NEXT

Long-Lost First Model of USS Enterprise from ‘Star Trek’ Boldly Goes Home

UP NEXT

California Leaders Take Sides in Monumental Supreme Court Case on Homelessness

UP NEXT

California Court to Decide on Transgender Ballot Measure Wording

UP NEXT

Rare House Vote Sees Ukraine, Israel Aid Advance as Democrats Join Republicans

UP NEXT

Full Jury and 6 Alternates Seated in Trump’s Hush Money Trial

UP NEXT

Finding an Apartment May Be Easier for California Pet Owners Under New Legislation

UP NEXT

Who Owns Businesses in California? A Lawmaker Wants the Public to Know

UP NEXT

Barbara Corcoran: 1% Interest Rate Drop Will Send Housing Prices ‘Through the Roof’

UP NEXT

California Sets Long-Awaited Drinking Water Limit for ‘Erin Brockovich’ Contaminant

UP NEXT

See the Fully Equipped House Homeless People Built on LA Freeway Strip

California Leaders Take Sides in Monumental Supreme Court Case on Homelessness

11 hours ago

Man Sets Himself on Fire Outside Trump Hush Money Trial Court

23 hours ago

McDonald’s Ice Cream Machines Are So Unreliable They’re a Meme. They Might Also Be a Climate Solution.

24 hours ago

Real Estate Experts Talk Fresno’s Economic Future. Are Tough Times Ahead?

1 day ago

Unlocking the Secrets to Fresno State’s Superb Baseball Season

1 day ago

‘This Is How to Improve Reading Proficiency. We Just Have Execute It’: FUSD Board President

1 day ago

Does Dyer Support (or Endorse) Bredefeld for Supervisor?

1 day ago

Get a 3D First Look at Merced’s High-Speed Rail Station Design

1 day ago

California Court to Decide on Transgender Ballot Measure Wording

1 day ago

Rare House Vote Sees Ukraine, Israel Aid Advance as Democrats Join Republicans

1 day ago

The Pickle Flavor Frenzy and Its Rise in Food Trends

You might have noticed that the tangy taste of pickles has taken over more than just the condiment aisle. From pickle-flavored popcorn to pi...

11 hours ago

11 hours ago

The Pickle Flavor Frenzy and Its Rise in Food Trends

11 hours ago

Kate Hudson Had a Lifetime to Make a Record. The Result is ‘Glorious,’ Out in May

11 hours ago

Long-Lost First Model of USS Enterprise from ‘Star Trek’ Boldly Goes Home

11 hours ago

California Leaders Take Sides in Monumental Supreme Court Case on Homelessness

23 hours ago

Man Sets Himself on Fire Outside Trump Hush Money Trial Court

24 hours ago

McDonald’s Ice Cream Machines Are So Unreliable They’re a Meme. They Might Also Be a Climate Solution.

1 day ago

Real Estate Experts Talk Fresno’s Economic Future. Are Tough Times Ahead?

1 day ago

Unlocking the Secrets to Fresno State’s Superb Baseball Season

MENU

CONNECT WITH US

Search

Send this to a friend