A recent NBC News article, Judge blocks California's ban on high-capacity magazines over 2nd Amendment concerns claims the judge wrote an 86 page decision that included a story that a woman fended-off three armed home intruders using a firearm and a high-capacity magazine.
In the third case, the pajama-clad woman with a high-capacity magazine took on three armed intruders, firing at them while simultaneously calling for help on her phone.
"She had no place to carry an extra magazine and no way to reload because her left hand held the phone with which she was still trying to call 911," the judge wrote, saying she killed one attacker while two escaped.
Did this happen?
As far as I'm aware, the judge's decision did not list the woman by name (but I'm struggling to find a full copy of the decision either), which is why I find the story difficult to fact-check.
Reasons why I'm skeptical are:
- Home invasions involving three armed assailants seem pretty rare in America, unless it's gang or mob violence. It seems more common for one financially-desperate person to go on a solo robbery, target unlocked homes, and give-up if the homes prove to be occupied.
- It seems like ordinary burglars would give-up on a robbery after 6+ shots are fired. I don't see why they would keep persisting at that point unless this were a vendetta. You're better off just looking for a different unoccupied house, and I wonder why they suspected that this house offered some sort of bounty that was valuable enough to brave being shot at by dozens of bullets.
- The whole layout of the situation feels like it was architected to justify a legitimate use for high-capacity magazines.
- Supposedly she wouldn't have been able to reload ordinary-capacity magazines because she couldn't put the phone down, but like... she could put the phone down. When you call 911, you're actually allowed to put the phone down for a bit if you need to.
- It's also kind of hard to accept the justification that an ordinary-capacity magazine would not have been capable of achieving the result "she killed one attacker while two escaped."