A Geek With Guns

Chronicling the depravities of the State.

Federal Judge Slaps Down California’s Prohibition Against Possessing Standard Capacity Magazines

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I’ll end this week in a high note. California passed a law that would prohibit the mere possession of standard capacity magazines. That law was set to take effect tomorrow but a federal judge slapped it down for obvious reasons:

A federal judge on Thursday blocked a California law set to take effect Saturday that would have barred gun owners from possessing high-capacity ammunition magazines.

The judge ruled that the ban approved by the Legislature and voters last year takes away gun owners’ Second Amendment rights and amounts to the government taking people’s private property without compensation.

California law has prohibited buying or selling the magazines since 2000, but until now allowed those who had them to keep them.

“Hundreds of thousands, if not millions, of otherwise law-abiding citizens will have an untenable choice: become an outlaw or dispossess one’s self of lawfully acquired property,” San Diego-based U.S. District Judge Roger Benitez wrote.

Granted, the State seizing property without compensating its rightful owner isn’t new. Civil asset forfeiture has allow the State to get away with doing so for decades now. However, this prohibition didn’t even have the pretext of a law, other than itself, being broken, which is a new step in legal depravity and apparently one that went too far for one federal judge.

I also find myself laughing at the fact that the judge noted that this law would turn “hundreds of thousands, if not millions, of otherwise law-abiding citizens” into criminals. If that criteria was always applied then no laws would get passed since all of them turn otherwise law-abiding citizens into criminals. Although I believe it was unintentional, that judge was a man after my own heart when he issued that statement.

Written by Christopher Burg

June 30th, 2017 at 11:30 am