Bonta Files Motion to Stay Decision Overturning California’s Mag Ban

in 2nd Amendment – R2KBA, Current Events, This Week

In response to a district court decision overturning California’s standard-capacity magazine (mags with a capacity over 10 rounds) ban, California Attorney General Rob Bonta has filed an appeal.

Bonta took action in the Ninth Circuit Court of Appeals Tuesday, requesting a stay on the recent decision.

His intent?

To keep “public safety measures” intact during the appeals process.

“In the past half-century, large-capacity magazines have been used in about three-quarters of gun massacres with 10 or more deaths and in 100 percent of gun massacres with 15 or more deaths,” said Attorney General Bonta in a press release obtained by GunsAmerica.

“We will continue to fight for California’s authority to keep our communities safe from weapon enhancements that cause mass casualties,” he added.

Contrary to this, U.S. District Judge Roger Benitez ruled against the magazine limit.

Benitez claims there’s no American precedent for ammo capacity limits, pointing out the utility of detachable magazines in addressing the challenge of reloading

In his decision, Benitez wrote “there is no American tradition of limiting ammunition capacity.”

“There have been, and there will be, times where many more than 10 rounds are needed to stop attackers,” Benitez added. “Yet, under this statute, the State says ‘too bad.’”

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Local media coverage via CBS 13.

Bonta countered, arguing that magazines exceeding 10 rounds aren’t essential for personal defense.

Interestingly, this isn’t the first time Benitez has contested California’s law.

He did the same in 2019, but an appellate court reversed his decision. However, the U.S. Supreme Court’s recent shift in interpreting gun laws vis a vis the Bruen decision has reignited the debate.

This Supreme Court stance focuses more on the historical tradition of gun regulations.

As a result, California’s gun laws face three major challenges in court. The upcoming hearings will also address the state’s bans on so-called “assault weapons” and ammunition purchase limits.

While Bonta defends safety and tradition, Chuck Michel, president of the California Rifle and Pistol Association, applauds Benitez’s “in-depth approach.”

Michel believes that time is running out for laws he deems unconstitutional.

“Sure, the state will appeal, but the clock is ticking on laws that violate the Constitution,” Michel told local news affiliate KCRA.

The case continues to evolve, with Californians awaiting a conclusive decision. As always, stay tuned for updates!

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  • John October 20, 2023, 8:31 am

    Sane old attitude, ban the item that the criminals misuse while they will keep having them regardless. Perfect waste of time and money for zero gain.

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