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submitted 2 years ago by MicroWave@lemmy.world to c/news@lemmy.world

California cannot ban gun owners from having detachable magazines that hold more than 10 rounds, a federal judge ruled Friday.

The decision from U.S. District Judge Roger Benitez won’t take effect immediately. California Attorney General Rob Bonta, a Democrat, has already filed a notice to appeal the ruling. The ban is likely to remain in effect while the case is still pending.

This is the second time Benitez has struck down California’s law banning certain types of magazines. The first time he struck it down — way back in 2017 — an appeals court ended up reversing his decision.

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[-] skookumasfrig@sopuli.xyz 23 points 2 years ago

Fine argument. Please also remember that militia in the context of the 2A references what is now the national guard.

[-] sylver_dragon@lemmy.world 18 points 2 years ago

No, it really doesn't. Under Federal Law 10 U.S. Code § 246 - Militia: composition and classes:

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

If you're an able-bodied male between the ages of 17 and 45, a citizen or have declared an intention to become a citizen of the US, you're part of the militia.

[-] BaldProphet@kbin.social 4 points 2 years ago

The National Guard is a component of the United States Army. A militia is a civilian force and would never be deployed to fight in other countries outside of wartime.

[-] skookumasfrig@sopuli.xyz 1 points 2 years ago
[-] BaldProphet@kbin.social 1 points 2 years ago

Part of the militia is the National Guard. The rest is us able-bodied males aged 17-45.

this post was submitted on 24 Sep 2023
525 points (100.0% liked)

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