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    9th Circuit ends California ban on high-capacity magazines

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    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.”

    Read the rest of the story on Fox26News


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    10 COMMENTS

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    William Hicks
    William Hicks
    1 year ago

    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?

    JT
    JT
    1 year ago

    Call is a firearm, not a weapon…

    William Hicks
    William Hicks
    1 year ago
    Reply to  JT

    Firearms can be weapons o defense, JT.

    William Hicks
    William Hicks
    1 year ago

    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.”

    John
    John
    1 year ago

    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.

    John
    John
    1 year ago

    Ninth Circuit close to Trump majority.

    Michael A.
    Michael A.
    1 year ago
    Reply to  John

    So it’s almost not a circus any more?

    William Hicks
    William Hicks
    1 year ago
    Reply to  Michael A.

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

    C. Collier
    C. Collier
    1 year ago

    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.

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