9th Circuit Strikes Down California Ban on High Capacity Magazines – IOTW Report

9th Circuit Strikes Down California Ban on High Capacity Magazines

Friday, 14 August 2020, 13:20 BFH Uncategorized 20

OPINION
LEE, Circuit Judge:
In the wake of heart-wrenching and highly publicized
mass shootings, the state of California barred its citizens
from owning so-called “large capacity magazines” (LCMs)
that hold more than ten rounds of ammunition. But even
well-intentioned laws must pass constitutional muster.
California’s near-categorical ban of LCMs strikes at the core
of the Second Amendment — the right to armed selfdefense. Armed self-defense is a fundamental right rooted in
tradition and the text of the Second Amendment. Indeed,
from pre-colonial times to today’s post-modern era, the right
to defend hearth and home has remained paramount.
California’s law imposes a substantial burden on this
right to self-defense. The ban makes it criminal for
Californians to own magazines that come standard in
Glocks, Berettas, and other handguns that are staples of selfdefense. Its scope is so sweeping that half of all magazines
in America are now unlawful to own in California. Even
law-abiding citizens, regardless of their training and track
record, must alter or turn over to the state any LCMs that
they may have legally owned for years — or face up to a year
in jail.
The state of California has latitude in enacting laws to
curb the scourge of gun violence, and has done so by
imposing waiting periods and many other limitations. But
the Second Amendment limits the state’s ability to secondguess a citizen’s choice of arms if it imposes a substantial
burden on her right to self-defense. Many Californians may
find solace in the security of a handgun equipped with an
LCM: those who live in rural areas where the local sheriff
may be miles away, law-abiding citizens trapped in high
crime areas, communities that distrust or depend less on law
enforcement, and many more who rely on their firearms to
protect themselves and their families. California’s almost blanket ban on LCMs goes too far in substantially burdening
the people’s right to self-defense. We affirm the district
court’s summary judgment, and hold that California Penal
Code section 32310’s ban on LCMs runs afoul of the Second
Amendment.

20 Comments on 9th Circuit Strikes Down California Ban on High Capacity Magazines

  1. It should be a criminal offense for any official to propose or enact anything that infringes on our Constitutional rights.

    Without that threat, nothing prevents them

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  5. Dang, I’m no longer a rebel law breaker. All those 30 round mags full of black out are now legal.
    Someone needs to sue them over their damn approved handgun list. What a joke.

    17

  9. So can all the sheeple who turned in their magazines, get them back from the State of California? Didn’t think so.

    BTW: That Court opinion sounds like it was written by GOA! President Trump’s appointments to the 9th are finally having an effect!

    8

  18. Grab ’em while you can (if you can.) I doubt this will survive en banc review.

    BTW the items in question are STANDARD capacity mags. Not “Large Capacity.”

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