The U.S.D.C. for the Southern District of California (per Benitez, J.) has ruled that California’s statute outlawing guns that hold more than ten rounds is unconstitutional.
I have not read the entire 86 pages of the opinion, but it seems to be based upon outdated and questionable scholarship (see footnote 7 at slip op. 3) and, rather disgustingly, suggests that German Jews could have avoided their fate at the hands of the Nazis if only they had guns (see footnote 13 at slip op. 13-14).
The decision is, at its core, an extended ideological screed rather than a judicial opinion. Just look at the first paragraph of the three paragraph footnote 33 (of a total of 69 footnotes) that begins on slip op. 22 and runs on to slip op. 23:
Artificial limits will eventually lead to disarmament. It is an insidious plan to disarm the populace and it depends on for its success a subjective standard of “necessary” lethality. It does not take the imagination of Jules Verne to predict that if all magazines over 10 rounds are somehow eliminated from California, the next mass shooting will be accomplished with guns holding only 10 rounds. To reduce gun violence, the state will close the newly christened 10-round “loophole” and use it as a justification to outlaw magazines holding more than 7 rounds. The legislature will determine that no more than 7 rounds are “necessary.” Then the next mass shooting will be accomplished with guns holding 7 rounds. To reduce the new gun violence, the state will close the 7-round “loophole” and outlaw magazines holding more than 5 rounds determining that no more than 5 rounds is “necessary.” And so it goes, until the only lawful firearm law-abiding responsible citizens will be permitted to possess is a single-shot handgun. Or perhaps, one gun, but no ammunition. Or ammunition issued only to persons deemed trustworthy.