The 9th U.S. Circuit Court of Appeals reinstated California‘s ban on high-capacity magazines, saying it falls in line with the state’s efforts to reduce gun violence and is compatible with the Second Amendment.
The court voted 7-4 to reject claims by gun rights advocates that the Golden State’s 2017 ban on magazines with more than 10 rounds of ammunition violated their right to bear arms under the U.S. Constitution. However, a conservative-leaning minority expressly disagreed with the majority opinion and wrote in dissent.
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Tuesday’s decision was described as a “reasonable fit for the important government interest of reducing gun violence” that interfered “only minimally” with the right to self-defense, according to an opinion from Circuit Judge Susan Graber, an appointee of former President Bill Clinton.
In August 2020, a three-judge panel on the same court sided with a lower court judge who struck down the ban, arguing it was a “well-intentioned” measure but did not correlate with the right to armed self-defense.
JUDGES SHOOT DOWN CALIFORNIA BAN ON HIGH-CAPACITY GUN MAGAZINES
The appeals court said on Feb. 25 this year that it would reconsider the lower court’s decision to allow the dispute to be considered by an 11-judge panel, of which seven judges in Tuesday’s majority were appointed by Democratic presidents.
Attorneys for the opponents were backed by an affiliate of the National Rifle Association and did not immediately release a statement.
But Judge Patrick Bumatay, an appointee of former President Donald Trump and one of three other judges nominated by Republican presidents, wrote in dissent, expressing full belief that California’s regulation does not work in congruence with the Second Amendment.
“These magazines are lawfully owned by millions of people nationwide and come standard on the most popular firearms sold today,” Bumatay wrote Tuesday, adding “The Constitution protects the right of law-abiding citizens to keep and bear arms typically possessed for lawful purposes.”
The San Francisco-based appellate court’s decision comes as the Supreme Court is expected to make a ruling in June on a high-profile Second Amendment case in New York.
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The Washington Examiner contacted the office of California Attorney General Rob Bonta, which defended the magazine ban, but did not receive a response.
