Officials with the Second Amendment Foundation on Friday praised a ruling from a panel of the 9th U.S. Circuit Court of Appeals that said California’s ban on “large-capacity magazines” violates the Second Amendment.
Banning such magazines has been a popular way for states to infringe on residents’ Second Amendment rights in recent years. Several states have imposed a limit on the number of bullets any magazines are allowed to hold.
The opinion in the case, Duncan v. Becerra, was written by Circuit Judge Kenneth K. Lee.
“We understand the purpose in passing this law. But even the laudable goal of reducing gun violence must comply with the Constitution,” the judge wrote. “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. It makes unlawful magazines that are commonly used in handguns by law-abiding citizens for self-defense.
“And it substantially burdens the core right of self-defense guaranteed to the people under the Second Amendment. It cannot stand.”
“While this was not our case,” said SAF founder and Executive Vice President Alan M. Gottlieb, “this is a victory for all gun owners, and the majority opinion reflects our arguments in an amicus brief we submitted along with several other organizations. Most importantly, the panel majority used strict scrutiny to make its determination, and that is a huge milestone.”
His organization was integral in filing friend-of-the-court briefs in the dispute.
“This was a fantastic ruling,” Gottlieb observed. “The court went into considerable detail about the history of magazine development and essentially follows the logic of our amicus, for which we are all very proud.”
Bearing Arms reported the decision could have an impact, legally, nationwide.
The report said the ban made it “criminal for Californians to own magazines that come standard in Glocks, Berettas, and other handguns that are staples of self-defense.”
The report continued, “Its scope is so sweeping that half of all magazines in America are now unlawful to own in California. Even law-abiding citizens, regardless of their training and track record, must alter or turn over to the state any LCMs that they may have legally owned for years — or face up to a year in jail.”
California Rifle & Pistol Association president Chuck Michel called the ruling a victory.
“He’s absolutely right, even though California Attorney General Xavier Becerra has a couple of options available to him on appeal,” Bearing Arms reported.
The report said the ruling also will affect, immediately, another ban imposed by the state of Hawaii. Further, it creates a split among federal appeals courts, where some decisions previously have affirmed such restrictions.
That, ultimately, increases the chances that the Supreme Court will decide to weigh in.
There are some procedures to be followed, but the report said Californians could be buying 20-round magazines soon.
