Ninth Circuit Court of Appeals Strikes Down California's “High Capacity” Magazine Ban

A three-judge panel in the Ninth Circuit Court of Appeals in California ruled that the “large capacity” magazine ban violated the Second Amendment. The jury found that under California’s Penal Code § 32310, the ban burdened protected conduct.

The judges ruled that the Second Amendment protects high capacity magazines. Additionally, the panel ruled that "large capacity" magazines are “commonly owned, used for lawful purposes, and are not ‘unusual arms’ that would fall outside the scope of the second amendment.”

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“The panel held that “large capacity” magazine prohibitions are not longstanding regulations and do not enjoy a presumption of lawfulness. Fourth, the panel held that there was no persuasive historical evidence in the record showing LCM possession fell outside the ambit of Second Amendment protection.”

The judges also held that “large capacity” magazine ban violated the citizens’ rights to self-defense by prohibiting ownership within homes.

Unfortunately, the battle has only begun because California’s anti-gunners will not take the judgment kindly. Assuredly, the democrats in California will contest the ruling, thus reinstating the ban and plunging the court into another round of hearings.

The same script played out when the U.S. District Judge Roger Benitez issued a preliminary injunction against ammunition background checks. Attorney General Xavier Becerra and a group of gun control organizations decried the ruling and immediately challenged it in court.

In 2019, Judge Benitez issued a permanent injunction against the enforcement of the "high capacity" magazine ban, only to issue a stay of his own injunction shortly after.

Firearm litigation in California is complicated, especially with Democrats controlling the state's resources and legislature. After the current ruling, AG Becerra will, therefore, use any state apparatus at his disposal to make sure the rights of Californians are violated.

Meanwhile, Lt. Gov. Dan Patrick is pushing universal background checks in our state, and if left unchecked, it will not be long until we see bills like this getting traction in Austin. Texas is embarrassingly ranked 29th for gun rights, and with the help of the political elites in Austin, we will surely rank among New York, California, and Illinois if left to their own devices. Please join our fight today, and help us restore Texas' place as the standard for the U.S.

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