California's ban on high-capacity magazines upheld by appeals court

The federal appeals court's decision could be headed for the Supreme Court.


12/4/2021 2:30:00 PM

9th U.S. Circuit Court of Appeals overturns two lower court judges and upholds California’s ban on high-capacity magazines in a split decision that may be headed for the U.S. Supreme Court.

The federal appeals court's decision could be headed for the Supreme Court.

of the right to bear firearms.Gunowners' rights groups have been trying to get firearms cases before a more conservative U.S. Supreme Court and immediately promised to seek the high court's review.Seven judges on the 11-member 9th Circuit panel were appointed by Democratic presidents, but the nation's high court tilted to the right under with appointees by former President Donald Trump.

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The three-judge panel had backed a ruling bySan Diego-based U.S. District Judge Roger Benitezthat declared unconstitutional a state law that since 2000 had prohibited buying or selling such magazines. That law barred new sales or imports but let those who had the magazines before then keep them.

The lower court ruling also barred the state from enforcing a voter-approved law that would have barred gun owners from possessing magazines holding more than 10 bullets.Aside from the effect on high-capacity magazine laws in California and other states, the ruling helps to unjam a roadblock in other pending cases over the state's ban on assault weapons.

Everytown for Gun Safety, a leading group seeking firearms restrictions, said state officials' appeal of Benitez's ruling this year throwing out California's assault weapon restrictions was on hold while the 9th Circuit considered the ban on high-capacity magazines.

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The assault weapons ruling is also on hold while the appeals court considers the same issues in a different case, where a different federal judge upheld the state's ban in 2018.Aside from the merits of each case, the appeals court is weighing the legal standard that courts must consider in Second Amendment cases. Gunowners groups are hopeful that the recently more conservative U.S. Supreme Court will change the legal tests in their favor.

Read more: NBC News »

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Yeah people need to be able to have powerful weaponry. Like it's not enough killing. People will just have to print their own lol This mother should be limited in her capacity to defend herself, her husband and her baby? What defense limitations do politicians have? White supremacy is our top domestic threat. Cali wants to limit how many bullets minorities can fire at a group that shows up at your house

No citizen needs that! Do they expect to encounter a herd of charging buffalo Or hope to shoot a number of people

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