Liberal 9th Circuit upholds right to keep large capacity magazines In CA

[eagleclaw]

Second Amendment activists were given a surprise boost this week when the liberal Ninth Circuit Court of Appeals backed a lower court’s decision to suspend California’s ban on the possession of large magazines.

Second Amendment activists were given a surprise boost this week when the liberal Ninth Circuit Court of Appeals backed a lower court’s decision to suspend California’s ban on the possession of large magazines.
Activists, supported by the National Rifle Association, have argued that the state's ban on ownership of magazines holding 10 bullets or more is unconstitutional. They won a preliminary injunction by a San Diego district court last year, and a three-judge panel on the Ninth Circuit backed that injunction Tuesday.
The court found that the district court did not abuse its discretion in granting the injunction or by concluding that magazines fall within the scope of the Second Amendment.

"The district court did not abuse its discretion by applying the incorrect level of scrutiny," the judges also found. "The district court concluded that a ban on ammunition magazines is not a presumptively lawful regulation and that the prohibition did not have a 'historical pedigree.'"

“This is a significant win for law-abiding gun owners in California,” Chris Cox, executive director of the National Rifle Association’s Institute for Legislative Action, said in a statement. “This unconstitutional law criminalizes mere possession of many standard capacity magazines and would instantly turn many law-abiding gun owners into criminals.”

Dissenting from the ruling, Judge John Clifford Wallace said that evidence provided by the state, including studies and surveys showing the use of large-capacity magazines increase the lethality of gun violence, “was more than sufficient to satisfy intermediate scrutiny.”

http://www.foxnews.com/politics/2018...-ammo-ban.html


It's good news although I believe it only affects the ones that were registered under their assault weapons ban that were going to be banned under their new law. In other words it isn't going to allow a civilian to buy an over ten round mags in CA.

[RTF92.5]

I have a hard time believing the 9th CIRCUS would do this if they didn't have an ulterior motive... unless it was a panel and not the full court.

[RTF92.5]

Should have hit the link first. Three judge panel and looks like just the appeal of the injunction against the ban. Still good law and a surprise coming out of the 9th... but anyone who followed Peruta and had a vested interest in its outcome knows what lengths the 9th went too to undo that good law, and is probably approaching this with cautious optimism.

Good news is that tens of thousands (or more) of residents in LA County remain non-felons for a little while longer.

[K.C.]

More info..

[Wilderness 1864]

Should have hit the link first. Three judge panel and looks like just the appeal of the injunction against the ban. Still good law and a surprise coming out of the 9th... but anyone who followed Peruta and had a vested interest in its outcome knows what lengths the 9th went too to undo that good law, and is probably approaching this with cautious optimism.

Good news is that tens of thousands (or more) of residents in LA County remain non-felons for a little while longer.

I am confident that the whole 9th Circuit bench will support the ban, the law, and the confiscations and punishments.

[knight0334]

The bad news is the 9th is the most overturned circuit..