“Today`s decision is a victory for public safety in California,” Attorney General Rob Bonta, the defendant in the case, said in a statement. “Gun violence is an epidemic in this country, but laws like our ban on high-capacity magazines are reasonable ways to prevent this violence, including devastating mass shootings.” In a 7-4 vote, the U.S. Court of Appeals for the Ninth Circuit upheld the state`s ban on magazines containing more than 10 rounds of ammunition — overturning a federal judge`s ruling that the law violates the rights of gun owners under the Second Amendment. With few exceptions, California law prohibits anyone from manufacturing, importing into the state, holding for sale, offering for sale, or suspending, giving, lending, purchasing, or receiving a high-capacity magazine.1 (A “high-capacity magazine” is defined as any ammunition supply device that can hold more than ten rounds, with the exception of a .22 caliber ammunition magazine, any magazine that has been permanently modified to contain no more than ten rounds, or any tubular magazine contained in a lever firearm).2 Please note that certain persons and/or situations relating to high-capacity magazines are exempt from prosecution. For example, law enforcement officers can sell, transfer, or possess these ammunition holders.6 “We are disappointed with today`s decision,” Keane said. “A law banning magazines ubiquitously elected by tens of millions of law-abiding citizens, including Californians, is an unconstitutional violation of the Second Amendment.” On June 4, 2021, a federal judge overturned California`s assault weapons ban on the grounds that it violated constitutional law to carry weapons under the Second Amendment. But offensive weapons remain illegal in California as the state appeals the verdict.18 The attorney general`s office, which had requested the bench review, argued that banning high-capacity magazines was a reasonable response to minimize the frequency and lethality of mass shootings — a decision supported by data that has examined some jurisdictions with and without such laws. “High-capacity magazines allow a shooter to continually fire more bullets from a single firearm,” Graber wrote, “and a killer`s pause to reload or change weapons allows potential victims and law enforcement officers to flee or confront the attacker.” A federal appeals court on Tuesday reinstated California`s ban on high-capacity magazines, a decision with national implications that could also lead to the reintroduction of a state ban on semi-automatic weapons. U.S. District Judge Roger T. Benitez lifted both the ban on magazines and the ban on offensive weapons.
In the case of assault weapons, Benitez compared a semi-automatic AR-15 rifle to a Swiss Army knife, calling it “good for home and combat.” The lawsuit, filed in Federal Court in San Diego by the California Rifle & Pistol Association and several gun owners, argues that a 2016 state law prohibiting the possession of so-called metropolitan magazines violates the 2nd Amendment right to carry firearms in self-defense. If a person has been arrested or arrested without probable reason, any evidence obtained after the arrest or inappropriate arrest could be excluded from the case. Excluding evidence for high-capacity magazines could result in layoffs or reduced fees. Murphy called on the panel to investigate how often it is common for law-abiding Americans to own such journals — it is estimated that half of all magazines sold in recent decades contain more than 10 rounds — as well as the lack of widespread restrictions on such journals across the country. with 41 states allowing ownership. There is also a historical precedent for high-capacity magazines sold in the United States in various forms, she argued, perhaps as early as 1866, a Winchester rifle with a 17-shot magazine. Both are points that must be taken into account in previous Supreme Court opinions, she said. High-capacity magazines were also banned under the California Penal Code of 16590, the state law that governs “generally prohibited firearms.” 5:30 a.m. In November 2021, the Ninth Circuit upheld the state`s ban on high-capacity magazines.1 “These magazines are not dangerous and unusual, nor are they subject to longstanding regulatory measures,” wrote Butamay, an official appointed by Trump. Michel predicted that the Supreme Court would change the basic legal rules for evaluating gun laws, and said the 9th District should have postponed a decision until the Supreme Court`s decision next year on hidden gun permits. California law also generally prohibits anyone from manufacturing, importing, selling, giving away, lending, buying, or receiving a high-capacity magazine conversion kit in the state. A “high-capacity magazine conversion kit” is defined as a device or combination of parts from a fully functional high-capacity magazine capable of converting an ammunition magazine into a high-capacity magazine.5 The group of firearms owners who brought the large-capacity magazine case, the California Rifle & Pistol Association, did not immediately say whether he would appeal.
But Lowy and others said they believe there is a significant chance that at least one of the cases will go to the U.S. Supreme Court, which is already set to repeal a New York law that imposes strict limits on carrying firearms outside the home. California`s ban on high-capacity magazines, approved by voters in 2016, limits ownership to magazines containing 10 or fewer cartridges. A district judge and a split panel of three 9th District judges struck down the law, which was revived with Tuesday`s decision. **Note that the application of Proposition 63 restrictions on the ownership of high-capacity magazines has been delayed pending a pending legal challenge by the NRA`s California subsidiary.
