9th Circuit Rules 10 Rnd Magazine Limits Unconstitutional

[KPShooting]

No source other than this NRA tweet:

BREAKING NEWS:
@NRA
scores a HUGE win in California today. The 9th Circuit, led by a Trump-appointed judge, rules that ban on magazines with more than 10 rounds is UNCONSTITUTIONAL.

This case will have repercussions nationwide.

EDIT: Story from the AP.

[alpacaheat]

https://abc7.com/ammunition-magazine...a-ban/6370763/

California ban on high-capacity ammunition magazines is overturned by federal appeals court

ACRAMENTO, Calif. -- 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 did not immediately say if he would ask the full appellate court to reconsider the ruling by the three judges, or if he would appeal to the U.S. Supreme Court.

He also did not immediately say if the state would seek a delay of the ruling to prevent an immediate buying spree. Sales are currently on hold based on a stay by the lower court and cannot immediately resume.

California Rifle & Pistol Association attorney Chuck Michel called it "a huge victory" for gun owners "and the right to choose to own a firearm to defend your family."

The ruling has national implications because other states have similar restrictions, though it immediately applies only to Western states under the appeals court's jurisdiction.

It was a fractured decision: Two of the three judges voted to toss out the state's ban, while the third judge dissented.

U.S. District Court Judge Barbara Lynn of Texas, who had been named the third judge on the appellate panel, said the majority's ruling conflicts with decisions in six other district courts across the nation.

Gun rights groups have been trying to get such cases before the nation's high court now that it has a more conservative majority.

Friday's decision upholds a 2017 ruling by San Diego-based U.S. District Judge Roger Benitez, who blocked a new law that would have barred gun owners from possessing magazines holding more than 10 bullets.

But he and the appeals court went further by declaring unconstitutional a state law that had prohibited buying or selling such magazines since 2000. That law had let those who had the magazines before then keep them, but barred new sales or imports.

[alpacaheat]

Another Trump win, he made it possible for the 9th Circus Court to get a ruling right!

[jthrelf]

These legal matters are extremely complex so I'll reserve judgement other than to say it sounds like amazing news, and I hope it causes a ripple effect to every other magazine-limited state.

I also hope a metric shit ton of standard capacity magazines flow into California beyond what the government can ever hope to control. Gives me an ear to ear smile.

[Walleye Hunter]

What*s this do for NJ et al?

[jthrelf]

What*s this do for NJ et al?

I believe nothing unless it were appealed to the Supreme Court. This will only affect the 9th Circuit. I wonder what will happen with Hawaii now though...

But also now there's precedent for a similar lawsuit against NJ, NY, MD, MA.

[PocketProtector]

Another Trump win, he made it possible for the 9th Circus Court to get a ruling right!

Yep. All Trump.

[Will3212]

Finally judges with a brain that follow the constitution.

If an MS13 gang member breaks in my home, the guy is going to have 30, 40, 60 round mags.
Why should we be forced to defend ourselves and property with a damn 10 round mag?

[pacomdiver]

Finally judges with a brain that follow the constitution.

If an MS13 gang member breaks in my home, the guy is going to have 30, 40, 60 round mags.
Why should we be forced to defend ourselves and property with a damn 10 round mag?

Saiga 12 with 10 rnds of 00 buck, whats a few extra holes to patch?

[bigandy1966]

all the 30 rounders in the world don't mean shit if you don't have the ammo to put in them..
Start the ammo factories back up!!