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.

    • ArcaneSlime@lemmy.dbzer0.com
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      1 year ago

      Well yes, the state has no right to infringe upon your rights, like say slavery.* Fought a whole war about that actually.

      *Unless of course you wind up in the prison system, then they can infringe upon your rights, but that is also a problem.

      • ChonkyOwlbear@lemmy.world
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        1 year ago

        Like slavery, but not bodily autonomy or the right to representative government or the right to not be discriminated against, or the right against infringement of property rights or …

      • Draedron@lemmy.dbzer0.com
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        1 year ago

        You mean REGULATING guns or gun magazines violates the well REGULATED militia of the constitution? Are the caps enough for you or do I need to spell it out?

        • force@lemmy.world
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          1 year ago

          “Well regulated” in the context of the constitution clearly meant well-trained/mobilized/deployed, in an efficient and orderly manner, and should be adequately capable. This is clear if you look at it from an unbiased linguistic standpoint, and look at the usage of the phrase around the time. Words don’t constantly have the same exact meaning that we’re primarily used to, they’re a spectrum of different definitions that form, morph, and wane over time.

          Plus the first/second clause in the sentence is clearly just a justification for the other 2 clauses, it’s not a directive or even the subject. That alone would make the “well regulated” part meaningless for anything other than explaining why the constitution is in place in the first place. It doesn’t give orders to “regulate” militias, or even that militias are the only things which should have access to guns in the first place.

          The point of arguing against current treatment of guns isn’t to argue what the syntax or basic meaning of the amendment was, no that’s clear if you actually know what you’re talking about (and you can find plenty of actual linguists breaking it down for you), it’s to argue to what extent the amendment’s directive (disallowing infringement on the people’s right to bear arms) applies, or especially if the amendment is even beneficial or if it’s harmful to a modern America and should be amended.

          • skookumasfrig@sopuli.xyz
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            1 year ago

            Fine argument. Please also remember that militia in the context of the 2A references what is now the national guard.

            • BaldProphet@kbin.social
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              1 year ago

              The National Guard is a component of the United States Army. A militia is a civilian force and would never be deployed to fight in other countries outside of wartime.

          • CileTheSane@lemmy.ca
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            1 year ago

            “Well regulated” in the context of the constitution clearly meant "well-trained/mobilized/deployed, in an efficient and orderly manner, and should be adequately capable.

            So not your average Joe who just wants to own a gun then?

            • HelixDab2@lemm.ee
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              1 year ago

              ALL able-bodied men were legally obligated to muster with the local militia when called to do so, and were also obligated to provide their own arms.