9th Circuit ends California ban on high-capacity magazines

by DON THOMPSON Associated Press

SACRAMENTO, Calif. (AP) — A three-judge panel of the 9th U.S. Circuit Court of Appeals on Friday threw out California’s ban on high-capacity ammunition magazines, saying the law violates the U.S. Constitution’s protection of the right to bear firearms.

“Even well-intentioned laws must pass constitutional muster,” appellate Judge Kenneth Lee wrote for the panel’s majority. California’s ban on magazines holding more than 10 bullets “strikes at the core of the Second Amendment — the right to armed self-defense.”

He noted that California passed the law “in the wake of heart-wrenching and highly publicized mass shootings,” but said that isn’t enough to justify a ban whose scope “is so sweeping that half of all magazines in America are now unlawful to own in California.”

California Attorney General Xavier Becerra’s office said it is reviewing the decision and he “remains committed to using every tool possible to defend California’s gun safety laws and keep our communities safe.”

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10 Responses to 9th Circuit ends California ban on high-capacity magazines

  1. William Hicks August 16, 2020 at 3:50 am

    I see nothing in this that affects weapons that are not on the approved weapons in california because they are weapons with detachable weapons. Let’s say for instance, an SKS with a fixed magazine of 10 rounds is legal but the same weapon designed for a detachable magazine is illegal. What about an AR-15 with a bullet button that accepts only 10 round magazines is legal, but one that doesn’t have the bullet button devise is illegal.

    WILL FORMERLY ILLEGAL WEAPONS BECOME LEGAL AS A RESULT OF THIS COURT DECISION?

    Reply
  2. JT August 14, 2020 at 7:31 pm

    Call is a firearm, not a weapon…

    Reply
    • William Hicks August 16, 2020 at 3:52 am

      Firearms can be weapons o defense, JT.

      Reply
  3. William Hicks August 14, 2020 at 7:13 pm

    Unless you already have a weapon that can use a high capacity magazine, the likelihood is that some weapons capable of the magazine are not on the california approved list of weapons. The magazine may be approved but the weapon might not be approved. As C. Collier said “Beware of Beccera.”

    Reply
  4. John August 14, 2020 at 4:52 pm

    Folks you will probably be able to buy hi caps within the next few days. Keep in touch with your local gun store. Act fast because Becerra will file an appeal.

    Reply
  5. John August 14, 2020 at 4:49 pm

    Ninth Circuit close to Trump majority.

    Reply
    • Michael A. August 14, 2020 at 7:14 pm

      So it’s almost not a circus any more?

      Reply
      • William Hicks August 16, 2020 at 3:54 am

        Same circus with revised rules that are likely not to change until the rule makers are changed.

        Reply
  6. C. Collier August 14, 2020 at 2:53 pm

    While this is good news, we can pretty much count on Bozo Becerra to do a couple of different things. Since this was a 3 judge panel, he can ask for a “en banc” hearing in which all 11 justices hear the case. If he loses there, or decides to skip that step, then he can ask SCOTUS to grant certiorari. If they decide to hear the case, then whichever way they rule, it’s a done deal. If they decline, then the ruling of the 9th circuit stands.

    Again, if our side loses at the en banc hearing, we can also appeal.

    Unsurprisingly, the two Justices that ruled correctly were appointed by Republican presidents. The dissent came from a Dem appointee.

    And it’s really time to stop calling these things “high capacity”. In many cases, they are the STANDARD capacity magazine for which the weapon was designed.

    Reply

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