9th Circuit ends California ban on high-capacity magazines

Headline Legal News

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.”

California Attorney General Xavier Becerra’s office said it is reviewing the decision and he “remains committed to using every tool possible to defend California’s gun safety laws and keep our communities safe.”

Gun owners cannot immediately rush to buy high-capacity magazines because a stay issued by the lower court judge remains in place.

But Becerra did not say if the state would seek a further delay of Friday’s ruling to prevent an immediate buying spree if the lower court judge ends that restriction. Gun groups estimated that more than a million high-capacity ammunition magazines may have legally flooded into California during a one-week window before the judge stayed his ruling three years ago.

Becerra also did not say if he would ask a larger 11-judge appellate panel to reconsider the ruling by the three judges, or if he would appeal to the U.S. Supreme Court.

Gov. Gavin Newsom, who championed the magazine ban when he was lieutenant governor, defended the law as a vital gun violence prevention measure.

“I think it was sound, I think it was right, and ... the overwhelming majority of Californians agreed when they supported a ballot initiative that we put forth,” he said Friday.

California Rifle & Pistol Association attorney Chuck Michel called Friday’s decision “a huge victory” for gun owners “and the right to choose to own a firearm to defend your family,” while a group that favors firearms restrictions called it ”dangerous” and expects it will be overturned.

The ruling has national implications because other states have similar restrictions, though it immediately applies only to Western states under the appeals court’s jurisdiction.

Related listings

  • Roberts a pivotal vote in the Supreme Court's big opinions

    Roberts a pivotal vote in the Supreme Court's big opinions

    Headline Legal News 07/02/2020

    The biggest cases of the Supreme Court term so far have a surprising common thread. On a court with five Republican appointees, the liberal justices have been in the majority in rulings that make workplace discrimination against gay and transgender p...

  • Brazil obeys court order to resume providing full virus data

    Brazil obeys court order to resume providing full virus data

    Headline Legal News 06/12/2020

    A Brazilian Supreme Court justice ordered the government of President Jair Bolsonaro to resume publication of full COVID-19 data, including the cumulative death toll, following allegations the government was trying to hide the severity of the pandemi...

  • Indiana attorney general argues suspension doesn't oust him

    Indiana attorney general argues suspension doesn't oust him

    Headline Legal News 05/17/2020

    Lawyers for Indiana’s attorney general are arguing he has the legal right to remain in office even while serving a 30-day suspension of his law license for groping four women. The arguments filed Friday with the state Supreme Court come after R...

Victorville CA DUI Lawyers - Drunk Driving Defense Attorney

If you fail a sobriety test or have a blood alcohol level above 0.8%, you are considered to be driving under the influence in which you will be arrested. During this time you will be read your Miranda rights and it is crucial to exercise your right to remain silent. As they say, “anything you say can and will be held against you in court.” The courtroom takes no mercy on drunk drivers and any statement you make during your arrest will only damage your case. The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case. Our Victorville CA DUI Lawyers attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you.

Business News

New York Adoption and Family Law Attorneys Our attorneys have represented adoptive parents, birth parents, and adoption agencies. >> read
DuPage IL worker's comp lawyers Since 1962, the law firm of Krol, Bongiorno & Given, Ltd. has been a leader in the field of workers’ compensation law in DuPage, Illinois. >> read