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Wednesday, December 1, 2021

Federal Appeals Court Upholds California Ban On Large Capacity Magazines



Well, true to form, the Ninth Circuit Court (known as the "Ninth Circus") upheld a California law banning large capacity magazines in semi-automatic firearms.

The Epoch Times reported:

A federal appeals court on Tuesday upheld California’s ban on large-capacity ammunition magazines, reversing a San Diego federal judge’s rule that it was “unconstitutional” and handing a victory to Gov. Gavin Newsom and gun-control advocates.

The California law, which was enacted in 2016, bans the possession of large-capacity magazines (LCMs) that hold more than 10 rounds of ammunition. The law also bans the manufacture and imports of LCMs.

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Under the law, owners of LCMs can modify them to accept ten rounds or fewer and sell their magazines to firearm dealers or remove them from the state. The law provides several exceptions to the ban on large-capacity magazines, including possession by active or retired law enforcement officers, security guards for armored vehicles, and holders of special weapons permits.

U.S. District Judge Roger T. Benitez in San Diego previously blocked the ban, claiming that the law is illegal because it violates the Second Amendment right of gun owners under the U.S. Constitution.

The state government, through the law, “bans an entire class of very popular hardware—firearms that are lawful under federal law and under the laws of most states and that are commonly held by law-abiding citizens for lawful purposes,” Benitez, a George W. Bush appointee, wrote in his 94-page ruling at the time.

A three-judge panel of the Ninth Circuit in August 2020 upheld District Judge Benitez’s original decision.

But an 11-member en banc panel of the Ninth Circuit of Appeals on Tuesday voted 7–4 to issue a ruling (pdf) that reverses that decision on the California law.

 To read more, go here.

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