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9th Circuit Court rules California’s high capacity magazine ban is unconstitutional

August 14, 2020

  According to this story we got a second amendment victory from the 9th Circuit Court of Appeals, which ruled that California’s ban on “high capacity” magazines is unconstitutional. Here is more:

The 9th U.S Circuit Court of Appeals upheld a lower-level court’s decision that ruled California’s ban on high capacity ammunition magazines is unconstitutional, according to documents published Friday.

Since 2016, California gun owners were unable to possess large-capacity magazines (LCM) defined as magazines built to contain more than 10 rounds.

  Timeout. Calling a magazine that holds over 10 rounds “high capacity” is just plain silly , as we will see below, but I digress. Here is more on the decision:

Appellate Judge Kenneth Lee, who was appointed by President Donald Trump, wrote the majority opinion in which he said the ban on magazine capacity “struck at the core right of law-abiding citizens to self-defend by banning LCM possession within the home.”

“California’s near-categorical ban of LCMs strikes at the core of the Second Amendment-the right to armed self-defense. Armed self-defense is a fundamental right rooted in tradition and the text of the Second Amendment,” Lee wrote.

Lee went on to say the law imposed a “substantial burden” on the “right to self-defense,” noting the law criminalized magazines that come standard in most handguns. 

  Judge Lee got to the crux of the matter, this so-called high capacity magazine ban would have made most handguns illegal and I believe that this was nothing more than an attempt at doing just that. It is either that or the people who are writing the laws have no idea what they are talking about…

malo periculosam libertatem quam quietum servitium

9 Comments leave one →
  1. August 14, 2020 9:41 pm

    Sweet win indeed….. another one this fall will be even better..

    Liked by 2 people

  2. Dr. Jeff permalink
    August 15, 2020 2:34 am

    Here’s the original injunction from the Honorable Roger T. Benitez (blessed be his name). It’s 66 pages long and when it came out, I read every line with a smile on my face. Some of the Judge’s arguments could be extended to overturn virtually all firearms laws. Take the time to read it. It’s actually a quick read with a lot of good information and ideas.
    https://michellawyers.com/wp-content/uploads/2017/05/Duncan-v.-Becerra_Order-Granting-Preliminary-Injunction.pdf
    The firearms ban (mostly pistols) is much older and we haven’t been able to get it overturned. The biggest part of the ban is that any pistol, or even a minor variation (eg. Parkerized vs. blued) on an existing pistol, must pass “safety” testing. The manufacturer must provide two samples for testing and the tests are ultimately destructive of the pistols. At that point, the state permits the pistol to be sold for 2 years only and then the testing must be repeated or the firearm can’t be sold by any licensed dealer.
    That’s the general outline. The details get pretty strange.
    Here’s a link to what we can buy. You’ll probably notice some of your favorites aren’t on the ok list and some manufacturers (like Ruger) don’t show up at all.
    https://www.oag.ca.gov/firearms/certified-handguns/search
    Our “assault weapons laws” are a whole separate study that I’ll save for another day. The only good part is that it has some loopholes the size of the Holland Tunnel.

    Liked by 2 people

    • August 15, 2020 7:24 am

      Thanks for all that info and the link, I will check it out. I hope you are right and that this decision will be used to start overturning some of these gun laws. It looks like Cali has made it cost ineffective for some of the manufacturers to even bother with the testing and have decided just to not bother trying to get approved in California.

      Liked by 2 people

  3. Bruce Booher permalink
    August 15, 2020 11:38 am

    You have seen those maze puzzles printed here and there for entertainment. Have you noticed how easy it is when you start at the end and work backwards? All the rest if for show. CA started at the end goal of no legal guns, then added all the crap to obscure the truth. As you point out, if you make it cost prohibitive, you don’t need to worry about the rules.
    But what is startling is that this ruling should come from the 9th circus.

    Liked by 2 people

    • lou222 permalink
      August 15, 2020 5:06 pm

      There is hope! Obama was sloppy on judge appointments! Like everyone else in his Administration, he thought there was plenty of time to do it after Clinton was elected. That should be a lesson to all of us putting off something. We were lucky this time, might not be next time!

      Liked by 2 people

    • August 16, 2020 6:39 am

      Trump has made some headway in the Circuit Courts and we have seen some results in the 9th and others we would not have seen before. Hopefully we will see more and more.

      Liked by 1 person

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