A federal appeals court rejected California’s ban on high-capacity ammunition magazines, saying the state’s rule violated the Second Amendment.
Judge Kenneth Lee, part of a three-judge panel of the 9th U.S. Circuit Court of Appeals, ruled that California’s ban on magazines holding more than 10 bullets “strikes at the core of the Second Amendment — the right to armed self-defense.”
Lee, a Trump appointee, acknowledged that the law was passed following mass shootings that gripped the nation but decided the rule’s scope “is so sweeping that half of all magazines in America are now unlawful to own in California.”
The ruling follows a similar decision from a district court that the rule infringes upon citizens’ rights to defend themselves.
“California’s law prohibiting acquisition and possession of magazines able to hold any more than 10 rounds places a severe restriction on the core right of self-defense of the home such that it amounts to a destruction of the right and is unconstitutional under any level of scrutiny,” District Judge Roger Benitez, a George W. Bush appointee, wrote in an 86-page decision in March.
The Friday ruling was backed by two of the three judges on the panel, including Consuelo Callahan, a George W. Bush appointee.
The third judge assigned to the case at the appellate level, District Judge Barbara Lynn of Texas, warned that the decision contradicts rulings in six other federal appellate courts and a 2015 ruling from the 9th Circuit.
“The majority opinion conflicts with this Circuit’s precedent … and with decisions in every other Circuit to address the Second Amendment issue presented here. I am willing to at least assume that the law at issue implicates conduct protected by the Second Amendment, but I part ways with the majority regarding the appropriate level of scrutiny and its application in this case. I would reverse the district court’s grant of summary judgment. I respectfully dissent,” she wrote.
The lawsuit was filed by gun rights activists with backing from the National Rifle Association against California Attorney General Xavier Becerra
Xavier BecerraNewsom says he has already received a number of pitches for Harris’s open Senate seat Uber CEO says app will temporarily shut down in California if new ruling upheld Here’s who could fill Kamala Harris’s Senate seat if she becomes VP MORE (D), whose office said it is reviewing the decision.
“We are carefully reviewing the decision, with the goal of protecting public safety,” an advisor for Becerra said in a statement. “Until further court proceedings, the stay on the injunction issued by the district court remains in place. The Attorney General remains committed to using every tool possible to defend California’s gun safety laws and keep our communities safe.”
Becerra’s office did not immediately say if it would ask a larger 11-judge appellate panel to reconsider the decision or if he has any plans to appeal the case to the Supreme Court.
California is widely considered to have some of the strictest gun control policies in the country, though it is unclear how Friday’s decision may impact similar rules in other states restricting magazine capacities.
California Rifle & Pistol Association attorney Chuck Michel told The Associated Press the ruling was “a huge victory” for gun owners “and the right to choose to own a firearm to defend your family.”
831331 552159hi!,I like your writing so a lot! share we communicate far more about your article on AOL? I require a specialist on this location to solve my dilemma. Could be thats you! Seeking forward to see you. 432361
943486 696987As a result you will need ultra powerful online enterprise concepts to maintain operating in getting into matters right your incredible web-based function. MLM 68270
538591 470621Right wow messages are bound to show your and supply memorialize the speacial couple. Beginner sound system to high in volume crowds really should always take a appear at all with the amazing value behind presenting and public speaking, which is to be someones truck. best man speeches brother 878104
1016 505448baby strollers with high traction rollers need to be considerably safer to use compared to those with plastic wheels- 828384
215144 376885Hey. Neat post. There is actually a problem along with your website in firefox, and you may want to check this The browser may be the market chief and a large component of other folks will omit your exceptional writing because of this dilemma. 578101
895103 938175Im often to blogging and i in actual fact respect your content material. The piece has really peaks my interest. Im going to bookmark your content material and preserve checking for brand new information. 169685
93664 813785After study several of the blog articles for your internet site now, and i also genuinely such as your strategy for blogging. I bookmarked it to my bookmark internet web site list and are checking back soon. Pls take a look at my web page in addition and tell me what you believe. 130332
680363 386491We are a group of volunteers and opening a new system in our community. Your internet site given us with valuable information to function on. Youve done an impressive job and our entire community will be grateful to you. 272966
128836 401144Its a shame you dont have a donate button! Id most surely donate to this outstanding web internet site! I suppose in the meantime ill be happy with bookmarking and putting your Rss feed to my Google account. I look forward to fresh updates and will share this weblog with my Facebook group: ) 265450
666666 372260I feel this web site has got really great indited written content articles . 874403
512185 68685Yay google is my world beater aided me to discover this outstanding web site! . 777145
738383 929083Register a domain, search for available domains, renew and transfer domains, and choose from a wide variety of domain extensions. 784092
201241 143812Some truly good stuff on this website, I love it. 160954
65013 315847Can I just say what a relief to search out somebody who really is aware of what theyre speaking about on the internet. You undoubtedly know how to deliver a dilemma to light and make it important. Extra folks want to learn this and perceive this facet of the story. I cant consider youre no far more common because you positively have the gift. 430773
559207 240237I genuinely prize your function , Great post. 862678
986883 891918I enjoy your composing style, do carry on creating! I will be back! 452378
704717 246413I believe other website proprietors need to take this internet site as an model, really clean and superb user genial style . 126295
579930 311329Hi there, just became aware of your blog by way of Google, and identified that it is truly informative. Ill be grateful should you continue this in future. Lots of men and women will benefit from your writing. Cheers! 180294