The Ninth Circuit Court of Appeals on Friday overturned California’s ban on high-capacity magazines on the grounds that its restrictions violated the Second Amendment – noting that it would criminalize half of the magazines in the U.S.
State law prohibits possession of large-capacity magazines (LCMs) that hold more than 10 rounds. The court’s three-judge panel said that although the law has a “legitimate aim to reduce gun violence,” it must also comply with the constitution.
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“California’s almost-categorical ban on LCMs in California violates the fundamental right to self-defense. It criminalizes the possession of half of all magazines in America today, ”the majority declared in the 2-1 ruling.
“It creates illegal magazines that are often used in handguns by legislators for self-defense. And the tax carries the core right of self-defense guaranteed to the people under the Second Amendment, ”Judge Kenneth Lee wrote in the majority judgment. “It can not stand.”
Lee said that while the law was passed “in the wake of heartbreaking and highly publicized mass shootings,” the law was sweeping.
It confirms a 2017 ruling by San Diego-based U.S. District Judge Roger Benitez, which blocked a new law that would have prevented gun owners from owning magazines with more than 10 bullets.
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But he and the higher appeal went further by declaring institute a constitutional law that had banned such magazines since 2000 or sold such magazines. That law had kept those who had the magazines before then, but exposed new sales or imports.
California now has the option to ask the U.S. Supreme Court to review the decision. It may also seek a delay in the implementation of the decision to prevent an increase in purchases
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The ruling may also affect other states that have similar laws – although it only applies to Western states because of the jurisdiction of the court.
Police law groups were envious of getting such a case before the Supreme Court, where there is currently a conservative majority.
