Judge Roger Benitez Ruling on California Magazine Capacity Ban
BY Herschel Smith
1 year, 2 months ago
Here is the ruling. There are still good men left in America.
There is no American tradition of limiting ammunition capacity and the 10-round limit has no historical pedigree and it is arbitrary and capricious. It is extreme. Our federal government and most states impose no limits17 and in the states where limits are imposed, there is no consensus. Delaware landed on a 17-round magazine limit.18 Illinois and Vermont picked limits of 15 rounds for handguns and 10 rounds for a rifles.19 Colorado went with a 15-round limit for handguns and rifles, and a 28-inch tube limit for shotguns.20 New York tried its luck at a 7-round limit; that did not work out.21 New Jersey started with a 15-round limit and then reduced the limit to 10-rounds.22 The fact that there are so many different numerical limits demonstrates the arbitrary nature of magazine capacity limits.
In a stealth return to the interest balancing test rejected by Heller and Bruen, the State ostensibly justifies its magazine limits by deeming the smaller magazines “well-suited” for its citizens.23 Suitability, in turn, is based on concocted statistics about what a hypothetical average person needs to defend against an attacker or attackers in an average self-defense situation. Based on this hypothetical statistically average case scenario, the State permits its citizen to have a gun, but the State decides the number of rounds in the gun that it finds suitable.24
In so doing, the State denies a citizen the federal constitutional right to use common weapons of their own choosing for self-defense. There have been, and there will be, times where many more than 10 rounds are needed to stop attackers.25 Yet, under this statute, the State says “too bad.” It says, if you think you need more than 10 chances to defend yourself against criminal attackers, you must carry more magazines. Or carry more bullets to hand reload and fumble into your small magazine while the attackers take advantage of your pause. On the other hand, you can become a criminal, too. So, the previously law-abiding California citizen who buys and keeps at her bedside a nationally popular Glock 17 (with its standard 17-round magazine) becomes the criminal, because the State dictates that a gun with a 17-round magazine is not well-suited for home defense.
Do you feel the sarcasm dripping from his pen?
On September 24, 2023 at 11:05 pm, Dan said:
Benitez is one of the very very few judges left in Kali who gives a rats ass about the Constitution. Sadly this will be appealed repeatedly by Kali until they find a court that will issue a ruling they like. And if they fail at that they will simply change a few words in the legislation, repass it and start all over again. Ad infinitum ad nauseum.
On September 25, 2023 at 12:27 am, Dirk said:
Many Leo agency’s in Calif, have simply quit doing lane cap mag investigations. Possession of one is not enough, Leo’s MUST prove purchase dates.
My nephews a deputy in Placer County Ca. Unless someone’s a bad mofo, the ex law was simply not being enforced. I’m sure some popo are, but the OG’s got better things to do.
Calif, will take another run at it sooner or later.
On September 25, 2023 at 9:58 am, Kevin said:
It is good that this Judge has made this ruling but any man that waits for a court to affirm his rights has already forfeited them. I do like his reasoning. But the state burocrats and their enforcers won’t comply easily.
Individual Orcs might look away but the fact is no one is able to sell them and you just might get one of the newly programed orcs that will enforce and steal your mags because they can’t easily get them either. Then what? Spend a little time in the gray bar inn? It will for sure cost you a goodly amount of money and probably your ability to get an other gun in the future. Because you can count the Orcs stealing you property, “cause dontca know, that you are a bad guy”.
California sucks I left my homeland cause of communist rule. I moved to Washington but it is just as bad now.
Furthermore this Idea that some good Orc, (I don’t think there is such a thing) will defend your rights is absurd. Always remember the Oath of the Orc -PPB- Paychecks, Pensions, and Bosses. In that order. Defending your right that their bosses have right to regulate, Is not in their Oath.
You can never ever ever trust any Goon from the Gubment.
On September 25, 2023 at 11:10 am, Longbow said:
Sarcasm dripping?
That is not what I read. He is trying to make a rational argument with irrational people.
God bless him for being a voice of reason in a world of Numb Skulls.
On September 25, 2023 at 1:45 pm, Dirk said:
Kevin, I to am a Prune Picker, a native born Californian. I to left the state back in 88, I exited the USN in 83, remarried, went to work fixing A10 warthogs which I loved much.
I did the army guard thing as a 12B combat engineer in Nevada City Ca, originally from Rocklin Calif. I did 8 active,when I came home from Spain, I couldn’t believe how much the Communist had gained in that 8 years.
I do everything possible to@avoid anything Calif, I try hard not to drive on any Calif roads. Unfortunately with the price of gas especially diesel I am forced to drive direct routes.
As for law enforcement, I feel you it’s hard to predict what entire agency’s and individual officers will choose to do.
My above is after many conversations with many friends from many agency’s.
Best advice I can offer is if stopped, do not ever consent to a search. When you do refuse you must be clear, so Officer you do not have permission to search my vehicle, or? Word games, intent slag word meaning are all played well by enforcement.
Oddly enough I’ve only been stopped one time in the past forty years. I did it, I admitted it, a warning and on my way.
Guys should you have to transit Calif, and you’re packing questionable weapons or mags, hide em, box em up tape the box shut. If the speed limits 65, ain’t nobody gonna look at you if your doing 72, and driving safe, not like a retarded Calif driver skipping in and out of traffic,passing on the right, etc.
Best bets just don’t drive in Calif. Kevin, your observations are on point, driving in CA is literally rolling the dice. The farther north one goes the less Leo nonsense one must deal with.
That’s the other thing, the wise always carry in Calif, the place is violent anymore. Oregons getting bad especially up and down the I-5 corridor southern eastern and north are pretty reasonable places.
On September 26, 2023 at 10:28 am, Latigo Morgan said:
I used to love California. It’s a beautiful state, from North to South, and East to West. From the ocean to the desert to the mountains and the forests.
Except Bakersfield. I never liked Bakersfield.
But now? You couldn’t get me back there with a herd of wild horses pulling me. But, I don’t have to worry about that, because Kalifornia has come to me!