Saturday, March 8, 2014

Sunnyvale's Ban on High Capacity Magazines Upheld in Court

A federal judge on Wednesday allowed Sunnyvale to enforce a voter-approved ban on large-capacity gun magazines, saying it would have little impact on the constitutional right to possess firearms for self-defense. The ruling comes two weeks after another judge rejected gun advocates' attempt to block a similar law in San Francisco.
Although millions of Americans own guns with magazines carrying more than 10 cartridges, "it is rare that anyone will need to fire more than 10 rounds in self-defense," U.S. District Judge Ronald Whyte of San Jose said in his ruling denying an injunction against the Sunnyvale ordinance, which is scheduled to take effect Thursday.
He cited a National Rifle Association report that found Americans who used their firearms to defend themselves fired an average of 2.1-2.2 shots.
Although opponents of the ordinance offered several anecdotes about people who needed high-capacity weapons to protect themselves, Whyte said the "burden on Second Amendment rights ... is relatively light" and was far outweighed by the "compelling government interest in public safety" that the new law promotes.
This was one of those laws our commenters told us was illegal and would not stand.


  1. This suit did not challenge it on state preemption law, but rather on the second amendment. It is the state premeption law that makes it illegal.

  2. It is illegal, no matter how often courts make stupid rulings, and it won't stand. Mikeb, we all know how you love instant gratification, but matters of civil and basic rights take time to sort out.

    1. Did you read the post, Greg? Are you talking about another even higher court ruling and then it won't stand?