California's 'High Capacity' Magazine Ban Ruled Unconstitutional Under Bruen
Today, Judge Benitez has, as expected, struck down the ban as clearly unconstitutional.
Here's the link to the decision. I happen to enjoy the BLUF approach of the Court, which states what is happening, literally "up front."
Quote:
We begin at the end. California’s ban and mandatory dispossession of firearm magazines holding more than 10 rounds (California Penal Code § 32310(c) and (d)), as amended by Proposition 63, was preliminarily enjoined in 2017.1 That decision was affirmed on appeal.2 In 2019, summary judgment was granted in favor of Plaintiffs and § 32310 in its entirety was judged to be unconstitutional.3
Initially, that decision was also affirmed on appeal.4 However, the decision was re-heard and reversed by the court of appeals en banc.5 In 2022, the United States Supreme Court granted certiorari, vacated the appellate en banc decision, and remanded the case.6 The court of appeals, in turn, remanded the case to this Court “for further proceedings consistent with New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022).”7 All relevant findings of fact and conclusions of law set forth in the prior decision concluding § 32310 is unconstitutional are incorporated herein.
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This is not the first time Justice Benitez has done liberty proud. So hand salute, and 3-fingers of something of his choosing.
