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California Magazine Ban Ruled Unconstitutional

The ban prohibited any magazine with a capacity of more than 10 rounds in the state.

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A ban implemented by the State of California on firearm magazines that carry more than 10 rounds has been declared to be unconstitutional by a federal judge.

Roger Benitez, a judge for the U.S District Court of Southern California, had already ruled against the law in 2017 days before it was set to be implemented. A federal appeals court confirmed his decision, and on Friday Benitez issued another ruling blocking the ban from being implemented.

It’s already illegal to purchase or transmit magazines with more than a 10-round capacity in California. The ban that Benitez overturned would have gone even further in requiring those who already possess such commonly-owned magazines to destroy or give up their magazines. The most common sporting rifles owned by civilians in the United States usually accept 30-round magazines.

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Unfortunately, gun owners and those looking to enter the hobby in California have no way to acquire standard capacity magazines for firearms such as the iconic AR-15. Californians instead are forced to utilize 10-round “baby” magazines. Plenty of semiautomatic pistols have magazines that accept more than 10 rounds, as well.

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Judge Benitez stated that “individual liberty and freedom are not outdated concepts” in issuing the ruling, a blow to gun control advocates in California and across the nation such as Michael Bloomberg and George Soros. He decided that the magazine ban would have failed the legal test set as precedent in the famous DC vs Heller case, and also cited cases in which law-abiding individuals were able to justifiably defend themselves using guns with magazines that would’ve been made illegal.

Lawfully armed citizens throughout the state will be hoping that the Judge’s ruling will serve as grounds to throw out California’s magazine purchase ban as soon as possible.

Elsewhere in the world of gun control, a nationwide gun grab measure in New Zealand has failed to retrieve more than 37 firearms.

Big League Guns

If Democrats Win, Will Guns Sales Go Through the Roof?

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No matter who wins in 2020, the biggest story of this election cycle has been the record levels of gun sales.  In a piece titled “Guns Sales Break Records With Gun Control Legislation Likely If Democrats Win”, Newsweek highlights the meteoric rise of gun sales in 2020 and how these sales will only go up under a Biden administration.

It’s likely that a Biden win on November 3, 2020 will give life to gun control measure such as universal background checks, assault weapons bans, and national gun buybacks. Scott Reeves of Newsweek noted that “coronavirus pandemic, urban riots and the likelihood of increased regulation if the Democrats win the White House, regain control of the Senate and hold the House” have led to the unprecedented firearms sales.  A Biden win would only accelerate this trend, as people become frightened by the prospect of gun control.

Through September, background checks recorded by the National Instant Criminal Background Check System (NICS) reached 28.826 million. This total surpassed 2019’s record of 28.369 million, representing a 28 percent increase, according to the FBI report. As of September 30, Illinois was leading the nation in background checks with 5.6 million. Reeves noted that other states such as Kentucky (2.364 million) checks, Texas (1.730 million), Florida (1.386 million), Indiana (1.203 million), California (1.187 million) and Pennsylvania (1.030 million), were also experiencing significant upticks in gun sales.

Since NICS came into effect on November 1998, a total of 361.830 million background checks for all purposes have been completed since the program began in November 1998.

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Zogby Analytics provided some more data showing how enthusiastic Americans are about buying guns:

Zogby Analytics in Utica, New York found that the number of gun owners increased 3.9% between October 2019 and October 2020 to 31.3% of the population. The number of individuals in a household keeping a gun at home, work, vacation cottage or club for personal protection, hunting or target shooting increased 7% to 42.2% in the last year. Membership in the National Rifle Association, a gun rights advocacy group, increased 6% to 17.7% in the last year, Zogby’s polling found.

“While there is fierce debate in Washington D.C. and among voters about what certain types of guns and accessories constitute ‘assault weapons,’ adults in the U.S. are buying and keeping more guns,” Jonathan Zogby declared.

Josh Horwitz, executive director of the Coalition to Stop Gun Violence, an anti-Second Amendment organization, is of the opinion that uncertainty brought about by the Wuhan virus pandemic, riots, and the election are contributing factors to the rise in gun sales.

“Typically, gun sales rise in times of fear,” he said to Newsweek. “We live in a time when there’s a lot of fear, including fear that there might be more gun regulation with a Democratic President and Democratic majorities in Congress. And, there’s been a lot of unrest.”

Americans actions speak louder than their words. Even if Joe Biden does the unthinkable (and the very unlikely) by winning on November 3, his administration will encounter stiff resistance from gun-owning Americans across the political spectrum.

 

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