Section 32310 runs afoul of the Second Amendment under the simple Heller test.
It fails the Heller test because it criminalizes a law-abiding citizen’s possession of a
common magazine that is used for lawful purposes and prohibits its use for self-defense
in and around the home. It strikes at the core of the inalienable Constitutional right and
disenfranchises approximately 39 million state residents.
This conclusion should not be considered groundbreaking. It is simply a
straightforward application of constitutional law to an experimental governmental
overreach that goes far beyond traditional boundaries of reasonable gun regulation.





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