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Judge Cites Home Invasion in Ruling on Ammo Ban

Federal judge rules on high-capacity ammunition
By Newser Editors and Wire Services
Posted Mar 30, 2019 10:15 AM CDT
In this June 27, 2017 photo, a semi-automatic rifle is displayed with a 25 shot magazine, left, and a 10 shot magazine, right, at a gun store in Elk Grove, Calif.   (AP Photo/Rich Pedroncelli, File)

(Newser) – High-capacity gun magazines will remain legal in California under a ruling Friday by a federal judge who cited home invasions where a woman used the extra bullets in her weapon to kill an attacker while in two other cases women without additional ammunition ran out of bullets, the AP reports. "Individual liberty and freedom are not outmoded concepts," San Diego-based US District Judge Roger Benitez wrote as he declared unconstitutional the law that would have banned possessing any magazines holding more than 10 bullets. California law has prohibited buying or selling such magazines since 2000, but those who had them before then were allowed to keep them.

In 2016, the Legislature and voters approved a law removing that provision. The California arm of the National Rifle Association sued and Benitez sided with the group's argument that banning the magazines infringes on the Second Amendment right to bear arms. Benitez had temporarily blocked the law from taking effect with a 2017 ruling. Chuck Michel, an attorney for the NRA, said the judge's latest ruling may go much farther by striking down the entire ban, allowing individuals to legally acquire high-capacity magazines for the first time in nearly two decades. Attorney General Xavier Becerra said in a statement that his office is "committed to defending California's common sense gun laws" and is reviewing the decision and evaluating its next steps.

(Read more guns stories.)

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