AMGOA Staff
Pennsylvania


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A federal judge Friday declared California's ban on high-capacity gun magazines over 10 rounds unconstitutional, blocking the state from enforcing the voter approved ban outlined in Proposition 63.

U.S. District Judge Roger Benitez, a George W. Bush appointee, prefaced the introduction to his 86 page order released Friday afternoon granting summary judgment in favor of gun owner Virginia Duncan and the California Pistol & Rifle Association by stating "individual liberty and freedom are not outmoded concepts."

He proceeded to cite the stories of three women who were at their homes, not in California, but in Florida and Georgia, when they were shot at by intruders toting guns.

A variety of semiautomatic rifles.(Damian Dovarganes, Associated Press)

Those stories of women home alone when ambushed by armed robbers also peppered Benitez's comments during the nearly four hour long court hearing on the motion for summary judgment last summer where he suggested women who were attacked and had lower capacity gun magazines to defend themselves would not be able to stop an assailant, saying "now you're raped and now you're dead."

He also suggested at the court hearing, based on a reading of the Second Amendment, it "would probably be okay" for someone to own a bazooka or grenade.

https://www.courthousenews.com/california-ban-on-high-capacity-gun-magazines-struck-down