9th Circuit upholds California ban on high-capacity ammo magazines

[Savage Hands]

9th Circuit upholds California ban on high-capacity ammo magazines

A federal appeals court on Tuesday upheld California’s ban on large-capacity ammunition magazines, reversing a lower court decision and handing a victory to Gov. Gavin Newsom.
The divided en banc ruling from the 9th Circuit Court of Appeals backed the constitutionality of two California laws banning magazines that can hold 10 or more rounds. The majority opinion bolstered the public safety rationale for the restrictions by noting large-capacity magazines are often used in mass casualty shootings.

“Accordingly, the ban on legal possession of large-capacity magazines reasonably supported California’s effort to reduce the devastating damage wrought by mass shootings,” the majority wrote, adding that the laws do not constitute an illegal government taking because “the government acquires nothing by virtue of the limitation on the capacity of magazines.”


Very disappointed...

[Borderland]

9th Circuit upholds California ban on high-capacity ammo magazines

A federal appeals court on Tuesday upheld California’s ban on large-capacity ammunition magazines, reversing a lower court decision and handing a victory to Gov. Gavin Newsom.
The divided en banc ruling from the 9th Circuit Court of Appeals backed the constitutionality of two California laws banning magazines that can hold 10 or more rounds. The majority opinion bolstered the public safety rationale for the restrictions by noting large-capacity magazines are often used in mass casualty shootings.

“Accordingly, the ban on legal possession of large-capacity magazines reasonably supported California’s effort to reduce the devastating damage wrought by mass shootings,” the majority wrote, adding that the laws do not constitute an illegal government taking because “the government acquires nothing by virtue of the limitation on the capacity of magazines.”


Very disappointed...

I think this will be the norm for all lower courts. States rights regarding public safety will prevail. I don't agree with it but it's always been that way and I don't see anything changing there. I suspect that the SC will see it the same way if a case like this ever makes it that far.

[Savage Hands]

I think this will be the norm for all lower courts. States rights regarding public safety will prevail. I don't agree with it but it's always been that way and I don't see anything changing there. I suspect that the SC will see it the same way if a case like this ever makes it that far.

Any of these cases from Judge Benitiz have been steering in our favor for awhile, this battle is lost but the war is not over. For example: Roger Benitez: Meet the federal judge who overturned California's decades-old assault weapons ban - CNN
"The federal judge who overturned California's decades-old assault weapons ban last week opened his 94-page ruling with an eye-opening analogy."Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment," US District Judge Roger T. Benitez wrote.
In another section, he downplayed the risk of an assault rifle being used in a mass shooting as an "infinitesimally rare event." He added: "More people have died from the Covid-19 vaccine than mass shootings in California."




Benitez has consistently ruled against California's gun control laws by using these sorts of attention-grabbing analogies. In a March 2019 ruling against the state's limits on large-capacity magazines, Benitez opened with the dramatic stories of three women who ran out of ammo while shooting home intruders -- none of which took place in California. In a page 5 footnote, he cited Kristallnacht, the 1938 night of anti-Semitic violence in Nazi Germany."

[Suvorov]

Sucks!

Not that I was expecting much from the 9th.

I suspect this makes freedom week magazines illegal as well?

[Savage Hands]

Sucks!

Not that I was expecting much from the 9th.

I suspect this makes freedom week magazines illegal as well?

I'm waiting for official word from CRPA and maybe @joshs

[elsquid]

Status page for case:

https://michellawyers.com/duncan-v-becerra/

Opinion:

https://michellawyers.com/wp-content...30-Opinion.pdf

— Michael

[alamo5000]

The divided en banc ruling from the 9th Circuit Court of Appeals

Does anyone know how many judges were on this case and what was the breakdown of yes vs no...?

Edit:

Other sources say the ruling was 7-4.

[Savage Hands]

Does anyone know how many judges were on this case and what was the breakdown of yes vs no...?

Edit:

Other sources say the ruling was 7-4.

On top of the opinion this is what it lists:
Opinion by Judge Graber;
Concurrence by Judge Graber;
Concurrence by Judge Berzon;
Concurrence by Judge Hurwitz;
Dissent by Judge Bumatay;
Dissent by Judge VanDyke

[idahojess]

Here is a good analysis from Reason:

https://reason.com/2021/11/30/califo...rcuit-decides/

[4RNR]

Judge Susan Graber wrote for the majority today in Duncan v. Bonta. "The statute outlaws no weapon, but only limits the size of the magazine that may be used with firearms, and the record demonstrates (a) that the limitation interferes only minimally with the core right of self-defense, as there is no evidence that anyone ever has been unable to defend his or her home and family due to the lack of a large-capacity magazine; and (b) that the limitation saves lives."

should be applied to all private security. There has been no evidence that anyone ever been unable to defend their famous/rich person due to lack of large-capacity magazine.

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