A federal judge overturns ban on high capacity magazines in CA, now the state attorney general is trying to delay it

Posted at 10:46 PM, Apr 02, 2019
and last updated 2019-04-03 13:12:42-04

For the first time in nearly two decades, high capacity magazines could be flowing into California.

It comes after a recent judge ruling that reversed a statewide ban.

On Tuesday, the state attorney general is asking a federal judge to delay the ruling fearing these sales are already increasing.

While legal gun owners in California can purchase 10 round magazines, the debate to increase that number to 15 is resurfacing.

Many other states allow the sale of high-capacity magazines or more than 10 bullets and consider them standard.

Tacti-cool guns and gear manager Joe Degeus wants the same in the golden state saying an extra 5 bullets could save a life.

“With all the adrenaline and everything else going on, it’s hard to do that mag change whereas if they have those rounds readily available, then they wouldn’t have to do a mag change and they could continue to defend themselves,” said Joe Degeus, manager of Tacti-Cool Gear & Guns Inc.

Since 2000, California law has prohibited the buying or selling of these magazines until a couple of days ago.

That’s when a San Diego-based federal judge Roger Benitez declared the ban on magazines with more than 10 bullets unconstitutional… Citing three home invasions, in two of them, the female victim ran out of ammo.

“If you could ever imagine having someone shoot at you and you are out of ammunition and you are trying as fast as you can to get more ammunition in so this person doesn’t shoot you, you are doing all of that while he’s still trying to shoot you, that’s not a far situation,” said Degeus.

The state attorney general Xavier Becerra is now asking a federal judge to delay that previous judge’s ruling.

A co-organizer for “March for Our Lives SLO” doesn’t think high capacity guns are necessary.

“Adding extra bullets or adding a gun, in general, can lead to a disastrous ending no matter what even if it’s in defense or if you’re perpetuating the action,” said Alexa Ford, co-organizer for “March for our Lives SLO”.

Gun shop owners are finding themselves in this gray area of whether or not they can start selling high capacity magazines to normal members of the community whereas before they could only sell to law enforcement

“It looks like we might be regaining some rights here in California,” said Brian Anton, owner of Tacti-Cool Guns & Gear Inc. “At the moment until DOJ refers this to their legal team and advises dealers on what to do, if we are allowed to sell them or not, we’re going to air on the side of caution and we’re not going to sell anything larger than 10 rounds to people.”

Some people say the sale for this kind of magazine is already increasing.

As a delay is sought on this ruling, the question now is, what will happen to high capacity magazines bought and sold during this window if the ban is upheld?

Those in possession may be at risk of surrendering or destroying them.

The state attorney general is appealing the ruling to the 9th U.S. Circuit Court of Appeals.