A federal judge granted a preliminary injunction Thursday preventingÂ California from enforcing itsÂ gun magazine confiscation law.
U.S. District Judge Roger T. Benitez said that the law, which prohibits the possession of a magazine with a capacity exceedingÂ 10 rounds of ammunition, likely violates the Second Amendment rights of the plaintiffs in the suit. As a result, he ordered the state to immediately cease enforcing the law, pending further legal developments.
â€œThe Court does not lightly enjoin a state statute, even on a preliminary basis,â€ BenitezÂ said in the ruling. â€œHowever, just as the Court is mindful that a majority of California voters approved Proposition 63 and that the government has a legitimate interest in protecting the public from gun violence, it is equally mindful that the Constitution is a shield from the tyranny of the majority.â€
Benitez cited the landmark Heller Supreme Court case, a 2008 ruling thatÂ protected an individualâ€™s right to own a fire arm unconnected to service in a state militia. He argued that if the law, which passed in November of 2016, wasÂ allowed to stand, it would place â€œmore than a slight burdenâ€ on gun owning Californians.
â€œIf this injunction does not issue, hundreds of thousands, if not millions, of otherwise law-abiding citizens will have an untenable choice: become an outlaw or dispossess oneâ€™s self of lawfully acquired property,â€ he wroteÂ in the ruling. â€œThat is a choice they should not have to make. Not on this record.â€
California Attorney General Xavier Becerra expressed his disappointment in the ruling in a statement issued Thursday.
â€œProposition 63 was overwhelmingly approved by voters to increase public safety and enhance security in a sensible and constitutional way,â€ Becerra said in a statement on the ruling. â€œI will defend the will of California voters because we cannot continue to lose innocent lives due to gun violence.â€
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