A federal appeals court on Friday rules against California and its ban on high-capacity magazines, calling it 'well-intentioned' but unconstitutional.
A federal appeals court on Friday ruled against the state of California and its ban on high-capacity magazines, calling it"well-intentioned" but unconstiutional.
A split ruling from the 9th U.S. Circuit Court of Appeals said the state's ban on magazines holding more than 10 rounds of ammunition would infringe on the Second Amendment right to own firearms. "In the wake of heart-wrenching and highly publicized mass shootings, the state of California barred its citizens from owning so-called 'large capacity magazines' that hold more than ten rounds of ammunition," Appellate Judge Kenneth Lee wrote for the panel’s majority.
"But even well-intentioned laws must pass constitutional muster. California’s near-categorical ban of LCMs strikes at the core of the Second Amendment — the right to armed self-defense. Armed self-defense is a fundamental right rooted in tradition and the text of the Second Amendment. Indeed, from pre-colonial times to today’s post-modern era, the right to defend hearth and home has remained paramount.
The ruling now leaves it up to California Attorney General Xavier Becerra to possibly appeal to the U.S. Supreme Court. A representative for Becerra declined immediate comment.
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