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A San Diego federal judge has blocked a law that would make it illegal for Californians to possess a gun magazine holding more than 10 rounds.

The law was set to go into effect Saturday, but U.S. District Court Judge Roger Benitez ruled Thursday that a preliminary injunction blocking it from taking effect was appropriate until merits of a lawsuit against it can be further explored, The San Diego Union-Tribune reported.

State Attorney General Xavier Becerra was directed to provide notice to all law enforcement.

In his ruling Benitez said the law would violate the Second Amendment right for gun owners.

Benitez wrote that “public safety interests may not eviscerate the Second Amendment,” according to the U-T.

According to the U-T, Magazines holding more than 10 rounds have been illegal “to sell, manufacture, import or transfer since 2000 in the state. Last July, the Legislature passed a bill that would make ownership of the gun parts an infraction, and in November voters passed a similar, clarified measure, Proposition 63. Current owners were told they had to get rid of the offending pieces by either taking them to one of dozens of states where ownership is legal, selling the magazines to a licensed firearms dealer, or turning them in to law enforcement for destruction.

“Last month, the California Rifle and Pistol Association — the state arm of the National Rifle Association — and five county residents filed a lawsuit claiming the law was infringing on the constitutional right to bear arms and other rights.”

Becerra was quoted Thursday as saying the law was overwhelmingly approved by voters “to increase public safety and enhance security in a sensible and constitutional way.

“Restricting large capacity magazines and preventing them from ending up in the wrong hands is critical for the well-being of our communities. I will defend the will of California voters because we cannot continue to lose innocent lives due to gun violence.”


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