Sacramento, CA – Magazine ban shot down! This is a little temporary good news. A three-judge panel from the 9th Circuit Court of Appeals upheld a district court’s ruling that limiting magazines to ten rounds is unconstitutional. This ruling is fascinating because the 9th Circuit is known for its wacky liberal decisions.
Now that we’re out of the first paragraph, we can use some terms that get us throttled by the internet gods. If you are unfamiliar with basic gun jargon, a magazine is a device that holds the ammunition you put into your firearm. The left (including some Republicans) have used magazine limitations on how many rounds of ammunition they can hold for curtailing your 2nd Amendment rights.
A STANDARD capacity magazine for most semi-automatic rifles (think AR or AK platform) is thirty rounds of ammunition. The article we will site talks about how many “bullets” the magazines can hold. We both laughed and cried at how stupid the press is. A bullet is one component of a round of ammunition (Bullet, case, primer, powder).
Magazine ban shot down!
The press and other liberals like to label “STANDARD” capacity magazines as “High Capacity” magazines. Instead, any magazine below thirty rounds should be called “Low” capacity magazines. The California law, limiting magazines to ten rounds is one of the most restrictive in the country. Other magazine bans, like in Colorado, limit the capacity to fifteen. If you buy an AR in Colorado, they can’t send you the magazine the firearm comes with because it’s “illegal” even though the magazine is standard issue.
When the California law passed back in 2017, this is what happened according to the Associated Press:
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 ten 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.
Don Thompson, 9th Circuit ends California ban on high-capacity magazines, AP News, August 14, 2020
The 9th Circuit upheld the lower court ruling. Again from the Associated Press:
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.
Don Thompson, 9th Circuit ends California ban on high-capacity magazines, AP News, August 14, 2020
Magazine ban shot down!
What is cool about this is that the Court makes it sound like they are invalidating the Anti-2nd Amendment law. Well, they are, but this will have to survive a wider review of an eleven judge panel in the 9th Circuit. Our guess is the losing party will appeal that decision to the Supreme Court.
More from the ruling:
“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.”
Don Thompson, 9th Circuit ends California ban on high-capacity magazines, AP News, August 14, 2020
The Court made a good point, saying that these magazines are widely owned. Yeah, it’s because these magazines are STANDARD!!
Unfortunately, this isn’t binding in other Circuit Court jurisdictions. So if you don’t live in the 9th Circuit, don’t expect your laws to be invalidated anytime soon. The 9th Circuit map can be found HERE.
Magazine ban shot down! We truly hope other courts follow the 9th Circuit in upholding our 2nd Amendment right. If Joe Biden is our next President, gun owners could be in for a rough two years or however long until his dementia becomes prevalent and he hands power over to Kamala.
What do you think? Is this a good sign for our 2nd Amendment rights? Will California be tasting freedom anytime soon? Write your comments below and on social media!
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