Fyock

ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION

[Re: Docket No. 10]

The issue before the court is whether Sunnyvale’s ordinance outlawing the possession of firearm magazines having a capacity to accept more than ten rounds should be preliminarily enjoined for infringing individuals’ Second Amendment rights. The core of the Second Amendment right to bear arms is self-defense, especially within the home. District of Columbia v. Heller, 554 U.S. 570, 628 , 128 S.Ct. 2783 , 171 L.Ed.2d 637 (2008); Peruta v. Cnty. of San Diego, 10-56971, 742 F.3d 1144, 1166-67 , 2014 WL 555862, at *18 (9th Cir. Feb. 13, 2014). With this right in mind, courts have found unconstitutional a law that forbids handguns, Heller, 554 U.S. at 635 , 128 S.Ct. 2783 , and a registration scheme that effectively eliminates the average law-abiding citizen’s right to bear a gun, Peruta, 742 F.3d at 1170-71 , 2014 WL 555862, at *22 . The law challenged here prohibits the possession of certain protected arms anywhere in Sunnyvale. However, the banned arms — magazines having a capacity to accept more than ten rounds — are hardly central to self-defense. The right to possess magazines having a capacity to accept more…