Ninth Circuit Rules Against California Ban on ‘Large Capacity Mags’

A judge in Southern California on Friday declared the state’s ban on high-capacity magazines unconstitutional.
Milpitas Police Department

The United States Court of Appeals for the Ninth Circuit ruled Friday against California’s ban on ‘Large Capacity Magazines’ (LCMs) holding more than ten rounds.

The ruling came in Duncan vs. Becerra, which was appealed to the Ninth Circuit Court after a three-judge panel of the circuit upheld an injunction against the ban, issued by U.S. District Judge Roger Benitez.

Benitez issued his injunction on June 29, 2017, and that decision was upheld by a three-judge panel of the Ninth Circuit on July 17, 2018, Breitbart News reported.

An August 14, 2020, decision by the Ninth Circuit ruled the ban on LCMs unconstitutional.

The Ninth Circuit’s ruling against California’s ban on LCMs says:

We also want to make clear that our decision today does not address issues not before us. We do not opine on bans on so-called “assault weapons,” nor do we speculate about the legitimacy of bans on magazines holding far larger quantities of ammunition. Instead, we only address California’s ban on LCMs as it appears before us. We understand the purpose in passing this law. But even the laudable goal of reducing gun violence must comply with the Constitution. California’s near-categorical ban of LCMs infringes on the fundamental right to self-defense. It criminalizes the possession of half of all magazines in America today.

California Attorney General Xavier Becerra now has the option of the appealing the ruling to the Supreme Court of the United States.

Correction: The August 14, 2020, ruling was handed down by a three-judge panel, not en banc.

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkinsa 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 at awrhawkins@breitbart.com. You can sign up to get Down Range at breitbart.com/downrange.

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