California cannot ban gun owners from having detachable magazines that hold more than 10 rounds, a federal judge ruled Friday.

The decision from U.S. District Judge Roger Benitez won’t take effect immediately. California Attorney General Rob Bonta, a Democrat, has already filed a notice to appeal the ruling. The ban is likely to remain in effect while the case is still pending.

This is the second time Benitez has struck down California’s law banning certain types of magazines. The first time he struck it down — way back in 2017 — an appeals court ended up reversing his decision.

  • CileTheSane
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    1 year ago

    At the time the 2nd amendment was written they had muskets. Give them muskets.

    • mctoasterson@reddthat.com
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      1 year ago

      This is false. The Chambers gun, the Girandoni air rifle, and other “high capacity” repeating arms existed and were known to the framers of the Constitution.

        • willis936@lemmy.world
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          1 year ago

          You realize “repeating arm” is essentially an AR-15? If you think the second amendment covers repeating arms like the AR-15 then what is your argument?

      • ChonkyOwlbear@lemmy.world
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        1 year ago

        Cartridges didn’t exist at the time of writing the 2nd. None of those guns used them and the authors of the 2nd had no idea such a thing would be developed. Rifling in firearms was a niche modification that required hand etching of the barrel and not commonly used nor available until the mid 19th century. The founding fathers had no conception of the reliability, accuracy, or speed of modern firearms.

    • BaldProphet@kbin.social
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      1 year ago

      The 2nd Amendment doesn’t specify any limitation on which arms it covers. Any weapon of any kind technically cannot be restricted because of the 2nd Amendment.

    • Kalcifer@lemm.ee
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      1 year ago

      The 2nd Amendment specifically says “the right to bear arms”, not “the right to bear muskets”.

      • Alex@lemmy.ml
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        1 year ago

        It also says it’s so you can have well regulated militias but the wording is vague about the link between the two.

        • HelixDab2@lemm.ee
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          1 year ago

          In the context of the constitution, “regulated” means “trained”. So rather than meaning a militia that is heavily regulated by the state, they’re talking about trained people. Moreover, it was understood that the people that were being called up were armed with their personal weapons–not supplied by the gov’t–and that they were going to be shooting on their own time.

          The frames of the constitution intended the people to have access to military arms, to be training themselves in their use, and to be ready to use them at a moment’s notice.

          They opposed a standing military and police force for all the reasons that we’ve seen over the last (almost) 250 years.

          • Alex@lemmy.ml
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            1 year ago

            So does the training include keeping weapons safely and not waving them around in provocation? Are there mental health standards to meet? Or does it just mean someone knows where the trigger is?

            • HelixDab2@lemm.ee
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              1 year ago

              keeping weapons safely

              Interestingly enough, that was a legal obligation in the colonies; powder could not be stored in the house because it was an explosive risk. Currently, some states have safe storage requirements, but they’re legally unenforceable.

              waving them around in provocation

              That’s called brandishing, and it’s a crime by itself in most states.

              Most training starts with safety, and progresses through basic marksmanship. I learned most of that from my father, grandfather, scoutmaster, and the RSO at Boy Scout Camp, and it’s been further reinforced by every RSO at every range and competition I’ve been too.