CA Court Upholds Ban On High-Capacity Magazines [SURVEY]

San Francisco CA

30 November, 2021

4:51 PM

Description

CALIFORNIA — The 9th U.S. Circuit Court of Appeals upheld California's ban on high-capacity ammunition magazines Tuesday, ruling that the statute would not significantly interfere with the right of self-defense. The split decision overturned an earlier ruling by two judges on a 9th Circuit panel. The case may find its way to the U.S. Supreme Court next. California Attorney General Rob Bonta hailed the ruling as "a victory for public safety in California." The statute does not outlaw any weapons but limits the size of the ammunition magazine within firearms, according to the 7-4 court ruling. The 11-member panel acted after two of three judges on a smaller 9th Circuit panel last year ruled the state's ban on magazines holding more than 10 bullets violated the U.S. Constitution's protection of the right to bear firearms, The Associated Press reported. "The record demonstrates 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 that the limitation saves lives," according to the ruling. U.S. Circuit Judge Patrick Bumatay countered that argument, saying that large-capacity magazines are "commonly used" for self-defense in the U.S. "Indeed, these magazines are lawfully owned by millions of people nationwide and come standard on the most popular firearms sold today," he wrote. "If California's law applied nationwide, it would require confiscating half of all existing firearms magazines in this country," he wrote in a dissent, joined by two other judges. A fourth judge wrote a separate dissent. The majority argued that every mass shooting with 20 or more deaths in the last 50 years involved large-capacity magazines, as did about three-quarters of those with 10 or more deaths. "We're disappointed but not surprised that this particular 11-judge panel had the numbers to overturn the lower court decision. But the fight is far from over," said Chuck Michel, the California Rifle & Pistol Association's president and general counsel. Seven judges on the 9th Circuit panel were appointed by Democratic presidents. "The panel is bitterly factioned, and the dissenting judges are all suggesting that the Supreme Court needs to take this case to explain how a Second Amendment challenge should be reviewed," he added. Tuesday's ruling could pave the way for other pending cases over the state's ban on assault weapons, one of which was appealed over the summer, leaving the ban in place. U.S. District Judge Roger Benitez, appointed by President George W. Bush, overturned both the magazine ban and a ban on assault weapons. In June, the Court of Appeals blocked Benitez's controversial ruling, which would have overturned the decades-old ban. Benitez's June 4 order sparked outrage and drew sharp criticism from state Democrats and Gov. Gavin Newsom after he likened the AR-15 to a Swiss Army knife. "Like the Swiss Army knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle," the judge said. READ MORE: Appeals Court Leaves CA's Assault Weapons Ban In Place The Associated Press contributed to this report.