A San Diego Judge, Roger Benitez, has granted a temporary injunction to prevent new California gun control legislation from becoming law. The recent move by California lawmakers, set to take effect on July 1, would have prevented gun owners from possessing firearm magazines that could hold more than ten rounds of ammunition.
The reason given by Judge Benitez for issuing the injunction is that he needs sufficient time to investigate and consider a motion of complaint that was filed last month. The California Rifle & Pistol Association supported opposition to the gun control measure that had been submitted as an official complaint by five California residents.
According to Judge Benitez, “if 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 one’s self of lawfully acquired property.”
The complainants, represented by Chuck Michel as legal council, were adamant that the new gun control law would violate their rights protected under the Second Amendment of the U.S. Constitution.
Defending the state of California was Attorney General Xavier Becerra. According to Becerra, the Second Amendment does not protect the disputed magazines, which have been a consistent feature of serious crimes in California, including mass shootings.
“Restricting large-capacity magazines and preventing them from ending up in the wrong hands is critical to the well-being of our communities.”
During his defense argument, Becerra referenced a ruling by a judge in Sacramento where a similar motion for an injunction was denied.
Becerra has the option of appealing to the U.S. Court of Appeals for the Ninth Circuit to lift the injunction, but it is not clear at this stage whether he will pursue that avenue.
As reported by Reuters, the California Rifle & Pistol Association celebrated the ruling.
“Law abiding gun owners have a right to choose to have these magazines to help them defend themselves and their families.”
The National Rifle Association is closely linked to the California Rifle & Pistol Association.
California has been the center of heated debates over gun control measures. Some of the most complex gun laws in the United States exist in California legislation. In the wake of the San Bernadino massacre, as well as other major gun-related killings across the U.S., California legislators have been pouring resources into stricter gun control measures.
Since 2000, Californians have not been permitted to purchase or sell large-capacity magazines that are capable of holding more than ten rounds at a time. Hollywood actors and retired law enforcement officers are exempted from these regulations.
[Featured Image by Cliff Owen/AP Images]