2nd Amendment Win in California

9th Circuit ends California ban on high-capacity magazines

The 9th Circuit Court of Appeals in California has struck down California’s ban on high-capacity ammunition magazines. The three-judge panels majority stated the the law banning magazines which hold more than cartridges violates the constitutional right to bear firearms. Judge Kenneth Lee wrote the panel’s majority stating “Even well-intentioned laws must pass constitutional muster, and that California’s ban on magazines that hold more the 10 cartridges strikes at the core of the Second Amendment and the right to an armed self-defense.”

Mr. Lee noted that the California law was passed in the aftermath of the heart striking and very highly publicized mass shootings. He also commented that responding in a knee jerk reaction type of way is not enough to justify a ban that would be so inclusive as to include half of all magazines in America that would be unlawful to own in California.

The Californian Attorney General, Xavier Becarra stated that his office is “reviewing the decision. “

This decision could have far reaching consequences because other states have laws that have similar restrictions, so it will be interesting to see what California will do. The Attorney General has several options with this case. They could take the case to an 11 judge Appellate Court Panel, or they could decide to take the case to the Supreme Court.

This decision upholds a 2017 ruling by a San Diego District Judge Roger Benitez, which blocked a new law that would have made it illegal for gun owners to possess magazines that held more than 10 cartridges. But Judge Benitez and this decision went even further to declare unconstitutional a state law that prohibited the buying or selling of these types of magazines since 2000.

This a big win for the Second Amendment and should open the door for future rulings that we believe would uphold the Second Amendment. To read the full article please use the link below.


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