BREAKING: California’s ‘High Capacity’ Magazine Ban Ruled Unconstitutional Under Bruen.

The opinion is here.

If you’ll remember, back in 2017, Judge Roger Benitez struck down California’s ban on standard capacity magazines the state had arbitrarily ruled to be “high capacity.” That ruling was, of course, overturned by an en banc Ninth Circuit ruling. The case was then appealed to the Supreme Court where it sat until Bruen was decided.

After Bruen, the Supreme Court granted cert, vacated the ruling, and remanded it for reconsideration. Today, Judge Benitez has, as expected, struck down the ban as clearly unconstitutional.

As he wrote . . .

One government solution to a few mad men with guns is a law that makes into criminals responsible, law-abiding people wanting larger magazines simply to protect themselves. The history and tradition of the Second Amendment clearly supports state laws against the use or misuse of firearms with unlawful intent, but not the disarmament of the law-abiding citizen.

That kind of a solution is an infringement on the Constitutional right of citizens to keep and bear arms. The adoption of the Second Amendment was a freedom calculus decided long ago by our first citizens who cherished individual freedom with its risks more than the subservient security of a British ruler or the smothering safety of domestic lawmakers. The freedom they fought for was worth fighting for then, and that freedom is entitled to be preserved still.

It doesn’t get any clearer than that.

Benitez has issued an injunction blocking enforcement of the law, but stayed his order for 10 days to give Attorney General Rob Bonta time to cry in his beer, inform all of California’s relevant law enforcement authorities, and almost surely seek a stay of the order. Even in the Ninth Circuit, that’s less likely to happen now that Bruen is the law of the land.

As California Rifle & Pistol Association president Chuck Michel tells TTAG . . .

Today’s rulings represent continued affirmation that the Bruen decision, and Heller before that, represent a sea change in the way courts must look at these absurdly restrictive laws. Sure, the state will appeal, but the clock is ticking on laws that violate the Constitution

Judge Benitez used a thoughtful and in-depth approach to this ruling and we are pleased that he came to the conclusion, once again, that California’s magazine ban is not constitutional. CRPA was been fighting this magazine ban from day one and we are one step closer to a final victory for gun owners.

This is a very big win and will likely be the basis for many more to come, including the Golden State’s “assault weapons” ban.