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“This court recognized that the Second Amendment is not a second-class right and that law-abiding gun owners have the right to own these magazines to defend themselves and their families,” Michel said.
State lawmakers approved the ban last year as part of a package of gun restrictions.
“Proposition 63 was overwhelmingly approved by voters to increase public safety and enhance security in a sensible and constitutional way,” he said in a statement.
Voters agreed in November when they approved Proposition 63, a measure that toughened the penalties by allowing violators to be fined or jailed.
Benitez criticized Becerra’s arguments that magazines often holding 30 or 100 bullets are typically used in mass shootings and aren’t needed by hunters or civilian owners. “Persons with violent intentions have used large capacity magazines, machine guns, hand grenades and pipe bombs, notwithstanding laws criminalizing their possession or use,” Benitez wrote.
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The judge ruled Thursday that the ban approved by the Legislature and California voters last year takes away gun owners’ Second Amendment rights and amounts to the government seizing people’s private property without compensation.