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Ninth Circuit Panel Upholds Ruling Against California ‘High Capacity’ Magazine Ban

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AP Photo/Rich Pedroncelli

A three-judge panel from the United States Circuit Court of Appeals for the Ninth Circuit upheld a June 29, 2017, ruling against California’s “high capacity” magazine ban.

On June 29, 2017, Breitbart News reported that U.S. District Judge Roger Benitez blocked the ban to prevent law-abiding citizens from being criminalized. ABC News quoted from Benitez’s ruling, “If this injunction does not issue, hundreds of thousands, if not millions, of otherwise law-abiding citizens will have an untenable choice: become an outlaw or dispossess one’s self of lawfully acquired property.”

The “high capacity” magazine ban was the result of a Proposition passed by the majority of California voters, but Benitez said, ““[The] constitution is a shield from the tyranny of the majority.”

The state of California appealed Benitez ruling and on July 17, 2018, a panel from the Ninth Circuit upheld the ruling.

The panel voted 2 to 1, and the NRA-ILA reports that the two judges who voted to uphold the ruling “chided the dissenting judge for substituting his own discretion for that of Judge Benitez, who had the primary responsibility to evaluate and weigh the evidence in the case.”

The state of California can now appeal the case for the Ninth Circuit to hear en banc. 

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News, the host of the Breitbart podcast Bullets with AWR Hawkins, and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at awrhawkins@breitbart.com. Sign up to get Down Range at breitbart.com/downrange.

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