A three-judge panel of the 9th U.S. Circuit Court of Appeals throws out California's ban on high-capacity ammunition magazines, saying the law violates the Second Amendment's protection of the right to bear firearms.
FILE - In this June 27, 2017, file photo, a semi-automatic rifle is displayed with a 25 shot magazine, left, and a 10 shot magazine, right, at a gun store in Elk Grove, Calif. A three-judge panel of the 9th U.S. Circuit Court of Appeals has thrown out California's ban on high-capacity ammunition magazines. The panel's majority ruled Friday, Aug. 14, 2020, that the law banning magazines holding more than 10 bullets violates the constitutional right to bear firearms.
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 did not immediately say if he would ask the full appellate court to reconsider the ruling by the three judges, or if he would appeal to the U.S. Supreme Court.
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. “The Supreme Court seems inclined to do away with the complicated subjective tests that many courts have wrongly applied in Second Amendment cases, in favor of a clearer more objective ‘originalist’ approach that considers the text, history and tradition of a law to determine what infringements might be tolerated,” Michel said in an email.
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