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.
Every constitutional right has limits. There is no legal use of a gun that requires a gun capable of holding more than 6 rounds. More than 90% of self defense situations end with only 2-3 shots being fired. Long, drawn out gun fights with both sides firing 20-30 rounds simply don’t happen in self defense situations. It’s just a fiction from movies. You certainly don’t need that many rounds to bring down a deer. What high capacity firearms do allow is criminals to maximize the damage they do in a short period of time.
Asserting a negative - bold strategy. I’d be interested in seeing your support for such a position.
I frequently legally use standard capacity magazines at the shooting range, though, so you may have a hard time here.
Is this one of those Works Cited: Crack Pipe moments?
Ah - so you only care about mass shootings, the vast minority of firearm violence let alone homicide.
Generally, I would be inclined to say yes, but things become more tricky when the constitutional right in question specifically states “Shall not be infringed”. That being said, the limits in question could certainly lie within the definion of “Arms”, and “bear”.
Don’t forget the original intent of the 2nd Amendment (I encourage you to read the Federalist Papers, to hear it striaght from the source) was to ensure that the people have the capability to resist their own government. Without a populace who believes in it, and will defend it with force if need be, a constitution is no more than a piece of paper, and a dream. Pay close attention to the wording of the 2nd Amendment:
As well as how it would interract with what was stated in the declaration of independence:
It is important to remember that prior to the 14th amendment, the Bill of Rights was understood to only apply to the states, not the federal government. The 2nd when written was never intended to apply to the federal government. Another important distinction is the use of the term “bears”. A person hunting deer is not “bearing arms”. A soldier bears arms. It is a term specifically that refers to fighting for a state, not self defense or any generalized use of weapons. In short, the 2nd amendment was intended to prevent states from disarming militias in order to preserve the ability to assemble a national military. It has nothing to do with one person defending themselves against another.
You raise a good point about the 14th Amendment. I would argue that it even further enforces the idea that the states, individually, cannot create firearm legislation as it would violates the 2nd Amendment, which, in turn, violates the 14th Amendment.
While I do agree that paying attention to the exact terminology used is crucial to the Amendment’s interpretation, from what I can see, the definition that you stated is not without contention.
I agree which is why we need a federal ban on high capacity weapons.
The roundness of the Earth is under contention too.
What is your rationale behind that statement?
Err, no it isn’t. There is a difference between subjective disagreement, and denialism.