A three-judge panel of the 9th U.S. Circuit Court of Appeals on Friday threw out California's ban on high-capacity ammunition magazines, saying the law violates the U.S. Constitution's protection of the right to bear firearms.
"Even well-intentioned laws must pass constitutional muster," appellate Judge Kenneth Lee wrote for the panel's majority. California's ban on magazines holding more than 10 bullets "strikes at the core of the Second Amendment — the right to armed self-defense."
He noted that California passed the law "in the wake of heart-wrenching and highly publicized mass shootings," but said that isn't enough to justify a ban whose scope "is so sweeping that half of all magazines in America are now unlawful to own in California."...MORE
Fox News reports:
“It makes unlawful magazines that are commonly used in handguns by law
abiding citizens for self-defense. And it substantially burdens the core
right of self-defense guaranteed to the people under the Second
Amendment,” Judge Kenneth Lee wrote in the majority opinion. “It cannot
stand.”...It upholds a 2017 ruling by San Diego-based U.S. District Judge Roger
Benitez, who blocked a new law that would have barred gun owners from
possessing magazines holding more than 10 bullets.
But he and the appeals court went further by declaring
unconstitutional a state law that had prohibited buying or selling such
magazines since 2000. That law had let those who had the magazines
before then keep them, but barred new sales or imports. California
now has the option of asking the U.S. Supreme Court to review the
decision. It may also seek a delay on implementation of the decision to
prevent a surge in purchases
The opinion, Duncan vs. Becerra is embedded below or I've made it available to download here
Issues of concern to people who live in the west: property rights, water rights, endangered species, livestock grazing, energy production, wilderness and western agriculture. Plus a few items on western history, western literature and the sport of rodeo... Frank DuBois served as the NM Secretary of Agriculture from 1988 to 2003. DuBois is a former legislative assistant to a U.S. Senator, a Deputy Assistant Secretary of Interior, and is the founder of the DuBois Rodeo Scholarship.
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