California judge shoots down state’s 10-round gun magazine limit


On the same day President Joe Biden said he would reinstitute an “assault weapons” ban and a law limiting rounds allowed in gun magazines, a federal judge in California on Friday struck down that state’s 10-round limit, calling it unconstitutional.

U.S. District Court Judge Roger Benitez of the Southern District of California leaned on a 2022 ruling by the U.S. Supreme Court concerning New York State Rifle & Pistol Association v. Bruen, which overturned restrictions on guns and stated clearly that any state gun restrictions must be done in the historical context of when the country’s Founders wrote the Second Amendment.

Benitez wrote that the California state law, as written, essentially makes it a crime to keep and bear the most common firearm magazines typically possessed for lawful purposes.

The Glock 17 has a 17-round magazine, for example. The Glock 17 and Glock 19 (10-round) are two of the most popular handguns made by Glock, and are common among law enforcement officers, military personnel, and millions of private citizens. An estimated one million Glocks are sold each year, many of them with more than 10-round capacity.

“Based on the text, history, and tradition of the Second Amendment, this law is clearly unconstitutional,” Benitez wrote. “There is no American tradition of limiting ammunition capacity and the 10-round limit has no historical pedigree and it is arbitrary and capricious.”

Benitez is known for being a staunch defender of the Second Amendment. Born in Havana, Cuba under communism, he earned an Associate of Arts degree from Imperial Valley College in 1971, a Bachelor of Arts degree from San Diego State University in 1974, and a Juris Doctor from the Western State University College of Law’s San Diego campus (now called the Thomas Jefferson School of Law) in 1978.

In 2004, he was nominated for a federal judgeship by President George W. Bush and was confirmed by the entire Senate, with the exception of Sen. Dick Durbin, an Illinois Democrat.


  1. We we still have have one amendment
    That makes the left cry. To reduce crime make criminals pay and this gun thing would solve itself.

    • But the left does not want to solve the problem. They need this issue to disarm all of us so we are easier to control. It should be obvious to all with brains the Democrats LOVE crime and will do what it takes to make sure it continues.

  2. So the whacko will only potentially kill 10 instead of 12? or 13?
    I guess thats one way to address sickos that want to kill people.
    Makes me feel a lot better knowing only 10 kids died when He walked thru the unlocked school doors and went straight to the classroom without apprehension.

    • If only a good guy or gal w/a gun and some guts had been there. I sure don’t want to have to worry about reloading when killers are after innocent people. Obviously, neither do the police.

  3. Magazine limits was always one of the stupidest “feel good” but does nothing ideas coming out of the gun control cabal.
    It is almost, but not quite as futile and meaningless as the plastic bag ban.

    • But the whole point is to make common liberals (the useful idiots) feel good and at the same time give total power and control to the Democrat Party elite.

  4. This is a clear and astutely-worded decision! It is always gratifying to see reports that clear meaning of the words and history of the Second Amendment are respected by judges (and by a majority of the US Supreme Court, thank God), if not by a majority of California’s shameless politicians. Thank you, Judge Benitez, and now let us celebrate our liberty!

  5. Funny how most US immigrants born in a communist country ( former or present) have a whole different perspective on the second amendment!!

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