California cannot ban gun owners from having detachable magazines that hold more than 10 rounds, a federal judge ruled Friday.

The decision from U.S. District Judge Roger Benitez won’t take effect immediately. California Attorney General Rob Bonta, a Democrat, has already filed a notice to appeal the ruling. The ban is likely to remain in effect while the case is still pending.

This is the second time Benitez has struck down California’s law banning certain types of magazines. The first time he struck it down — way back in 2017 — an appeals court ended up reversing his decision.

  • HelixDab2@lemm.ee
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    10 months ago

    only affects law abiding citizens while criminals ignore the law

    More or less accurate.

    background checks and waiting period should be automatic in the US to purchase. Period.

    Hard no. Background checks for guns? Sure. Waiting period? No. Absolutely not. Let me tell my stalked to just wait three weeks, 'kay? Cool? Cool.

    Guns should be registered.

    Absolutely not. We’ve already seen state governments trying to pass illegal bans (i.e., California). These are being overturned by courts now. If you have a registry, the net effect is that the state gov’t can pass a law, confiscate your now-illegal firearms, and then–once the law is thrown out–you’ve still lost your firearms.

    Agree, in general, about handling the black market sales to Mexico. However, that should be the job of the Mexican border patrol; they should be the ones controlling what’s coming in, rather than the US controlling what’s going out (except in the case of ITAR items). And yeah, we should get serious about prosecuting straw purchasers, since right now that’s usually not even a slap on the wrist.

    • not_that_guy05@lemmy.world
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      10 months ago

      Hard no. Background checks for guns? Sure. Waiting period? No. Absolutely not. Let me tell my stalked to just wait three weeks, 'kay? Cool? Cool.

      For this, if you have a stalker and you know this which is why you are trying to buy a firearm, there could exceptions. Police report needed to show the reason for protections. Emergency restrain orders could be another reason for the exception.

      Absolutely not. We’ve already seen state governments trying to pass illegal bans (i.e., California). These are being overturned by courts now. If you have a registry, the net effect is that the state gov’t can pass a law, confiscate your now-illegal firearms, and then–once the law is thrown out–you’ve still lost your firearms.

      Should be added to the law. If for whatever reason that gun that was legal and becomes illegal, government should pay double the retail price when bought to the owner. If over turned, there should be a automatic availability to buy the firearm with no waiting period for the person that previously had it.

      • Jeremy [Iowa]@midwest.social
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        10 months ago

        Emergency restrain orders could be another reason for the exception.

        Would this be the same ERPO process often touted as a solution to unhinged individuals going on a rampage that almost never works due to the current slow process, general unawareness, and issues with restoration of rights?

        Try justifying the waiting period rather than creating some Rube Goldberg machine of negligible value.

        Should be added to the law. If for whatever reason that gun that was legal and becomes illegal, government should pay double the retail price when bought to the owner. If over turned, there should be a automatic availability to buy the firearm with no waiting period for the person that previously had it.

        You seem to miss that California has a rich and established history of using SLAP lawsuits and sandbag legislation specifically intended to require lengthy federal appeal and judgment to resolve, always with the next legislative measure ready to go no matter how unconditional.

        You seem to believe such states are operating in good faith - they’re not. Your suggestion only works if they are.

        Additionally, the state still has information it shouldn’t regarding civilians and ownersgip of firearms and has already demonstrated incompetence with such information resulting in leaks.

        I can respect the brainstorming, but the answer truly is to simply address the underlying issues behind individuals and the myriad pressures toward violence.