CA Mag Ban Ruled Unconstitutional! - The Legal Brief
This Legal Brief by Adam Kraut, Esq. details the federal ruling by Judge Benitez that declared California's ban on 'large-capacity magazines' unconstitutional. The ruling applied the Heller Test, finding that common firearm hardware owned by law-abiding citizens for lawful purposes is protected. California's arguments based on historical prohibitions and its attempts to apply heightened scrutiny tests were rejected by the court, which found the ban failed under both strict and intermediate scrutiny due to a lack of compelling interest and a failure to be narrowly tailored. The decision also touched upon the Takings Clause, suggesting compensation would be required for compelled disposition of lawfully acquired property.









