9th Circuit ends California ban on high-capacity magazines

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  • guitarjosh
    SBR Hall of Famer
    • 12-25-07
    • 5795

    #1
    9th Circuit ends California ban on high-capacity magazines
    SACRAMENTO, Calif. (AP) — A three-judge panel of the 9th U.S. Circuit Court of Appeals on Friday threw out California's ban on high-capacity ammunition magazines, saying the law violates the U.S.


    By DON THOMPSON
    45 minutes ago




    SACRAMENTO, Calif. (AP) — A three-judge panel of the 9th U.S. Circuit Court of Appeals on Friday threw out California’s ban on high-capacity ammunition magazines, saying the law violates the U.S. Constitution’s protection of the right to bear firearms.

    “Even well-intentioned laws must pass constitutional muster,” appellate Judge Kenneth Lee wrote for the panel’s majority. California’s ban on magazines holding more than 10 bullets “strikes at the core of the Second Amendment — the right to armed self-defense.”

    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’s office said it is reviewing the decision and he “remains committed to using every tool possible to defend California’s gun safety laws and keep our communities safe.”

    Gun owners cannot immediately rush to buy high-capacity magazines because a stay issued by the lower court judge remains in place.

    But Becerra did not say if the state would seek a further delay of Friday’s ruling to prevent an immediate buying spree if the lower court judge ends that restriction. Gun groups estimated that more than a million high-capacity ammunition magazines may have legally flooded into California during a one-week window before the judge stayed his ruling three years ago.

    Becerra also did not say if he would ask a larger 11-judge appellate panel to reconsider the ruling by the three judges, or if he would appeal to the U.S. Supreme Court.

    Gov. Gavin Newsom, who championed the magazine ban when he was lieutenant governor, defended the law as a vital gun violence prevention measure.

    “I think it was sound, I think it was right, and ... the overwhelming majority of Californians agreed when they supported a ballot initiative that we put forth,” he said Friday.

    California Rifle & Pistol Association attorney Chuck Michel called Friday’s decision “a huge victory” for gun owners “and the right to choose to own a firearm to defend your family,” while a group that favors firearms restrictions called it ”dangerous” and expects it will be overturned.

    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.

    Gun rights groups have been trying to get such cases before the nation’s high court now that it has a more conservative majority.

    The decision written by an appellate judge appointed by President Donald Trump “should put gun safety advocates across the country on high alert,” said Giffords Law Center Litigation Director Hannah Shearer. “These judges are gaining potentially irreversible inroads on our appellate courts.”

    However, the Supreme Court’s majority in June declined to consider several challenges to federal and state gun control laws, including Massachusetts’ ban on large-capacity ammunition magazines.

    Aside from the magazine ban itself, Michel and the unaffiliated Second Amendment Foundation said the case has legal implications for other gun restrictions should it reach the justices because it could allow the court to clarify an obscure legal debate over what standard of review should be used.

    “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.

    Friday’s ruling was a fractured decision partly because of that issue: Two of the three judges voted to toss out the state’s ban, while the third judge dissented.

    U.S. District Court Judge Barbara Lynn of Texas, who had been named the third judge on the appellate panel, said the majority’s ruling conflicts with decisions in six other federal appellate courts across the nation, and with a 2015 ruling by a different panel of the 9th Circuit itself. She said she would have upheld California’s law based on that precedent.

    “This ruling is an extreme outlier” given those earlier decisions, said Eric Tirschwell, managing director for Everytown Law, the litigation team affiliated with Everytown for Gun Safety that favors firearms restrictions. “We expect an en banc panel will rehear the case and correct this erroneous, dangerous, and out-of-step decision.”

    Friday’s decision upholds a 2017 ruling by San Diego-based U.S. District Judge Roger Benitez, who blocked a new law that would have barred gun owners from possessing magazines holding more than 10 bullets.

    But he and the appeals court went further by declaring unconstitutional a state law that had prohibited buying or selling such magazines since 2000. That law had let those who had the magazines before then keep them, but barred new sales or imports.
  • guitarjosh
    SBR Hall of Famer
    • 12-25-07
    • 5795

    #2
    Love it, "Shall not be infringed"
    Comment
    • jjgold
      SBR Aristocracy
      • 07-20-05
      • 388179

      #3
      everything should be legal including full auto weapons
      Comment
      • MinnesotaFats
        SBR Posting Legend
        • 12-18-10
        • 14758

        #4
        2020 law year in review

        Conservative SCOTUS strikes down anti abortion laws

        Radical 9th circuit strikes down gun control

        Go figure lol
        Comment
        • guitarjosh
          SBR Hall of Famer
          • 12-25-07
          • 5795

          #5
          Originally posted by jjgold
          everything should be legal including full auto weapons
          You couldn't be more right JJ.
          Comment
          • KVB
            SBR Aristocracy
            • 05-29-14
            • 74817

            #6
            You mean the 9th circuit went with the letter of the law?

            This really is a backassward year.

            Comment
            • thomorino
              Restricted User
              • 06-01-17
              • 45842

              #7
              Trump has flipped the 9th circuit they are conservative now on most issues.
              Comment
              • capitalist pig
                SBR MVP
                • 01-25-07
                • 4998

                #8
                Originally posted by jjgold
                everything should be legal including full auto weapons
                Just so you know full auto weapons made before the 1986 NFA law took effect are legal to own. You just have to pay the $200 tax stamp and you can buy what you can afford. For example a Vietnam era M16 will run you about $20,000, the least expensive would be something along the lines of a Ingram Mac 10 around $6000. The only drawback I know of is by purchasing such a weapon you automatically give up your 4th amendment right to search and seizure by the BATF, you have to sign your rights away to take possession of said weapons

                later
                Comment
                • Sanity Check
                  SBR Posting Legend
                  • 03-30-13
                  • 10962

                  #9
                  California rifle magazine bans overturned.

                  Gavin Newsom is angrier than madonna in a chastity belt about this.
                  Comment
                  • hehfest
                    SBR Hall of Famer
                    • 09-28-08
                    • 7934

                    #10
                    Originally posted by capitalist pig
                    Just so you know full auto weapons made before the 1986 NFA law took effect are legal to own. You just have to pay the $200 tax stamp and you can buy what you can afford. For example a Vietnam era M16 will run you about $20,000, the least expensive would be something along the lines of a Ingram Mac 10 around $6000. The only drawback I know of is by purchasing such a weapon you automatically give up your 4th amendment right to search and seizure by the BATF, you have to sign your rights away to take possession of said weapons

                    later

                    Serious cappy piggy? Keyword is "made" correct? It has to have been manufactured before the law? So, I can buy any 35 year old auto weapon and just pay a tax on it? I don't have that kind of disposable coin but that sure is cool.

                    On another note, LMFAO @ the most liberal state in the once-union banning the ban on those mags. I'm sure that POS Governor hates this one. He should've been locked up many a month ago if the people there had some guts. Just like here in Michigan, this woman should be locked up and stand trial for tyranny and domestic terrorism.
                    Comment
                    • hehfest
                      SBR Hall of Famer
                      • 09-28-08
                      • 7934

                      #11
                      Originally posted by Sanity Check
                      California rifle magazine bans overturned.

                      Gavin Newsom is angrier than madonna in a chastity belt about this.

                      She probably banged Rodman with a strap-on? Just a guess!
                      Comment
                      • hehfest
                        SBR Hall of Famer
                        • 09-28-08
                        • 7934

                        #12
                        Originally posted by jjgold
                        everything should be legal including full auto weapons

                        Completely true. The people should have MORE powerful weapons then the government does. This way it gets back to normal. The government is supposed to fear the people, not the other way around.
                        Comment
                        • capitalist pig
                          SBR MVP
                          • 01-25-07
                          • 4998

                          #13
                          QUOTE=hehfest;29632761]Serious cappy piggy? Keyword is "made" correct? It has to have been manufactured before the law? So, I can buy any 35 year old auto weapon and just pay a tax on it? I don't have that kind of disposable coin but that sure is cool.

                          .[/QUOTE]

                          You got it, made is the key word, one other hassle is the BATF doesn’t get in any hurry to process the applications. I’ve seen them take upwards of a year to get approval, but if you can pass the background checks and got the $ there are plenty of them out there for sale legally, as of the last count there are a little over 175,000 of them out there

                          later
                          Comment
                          • Auto Donk
                            SBR Aristocracy
                            • 09-03-13
                            • 43558

                            #14
                            shocking.....

                            that the 9th circuit would rule this way.... must've drawn a panel of three with two trump appointees.....

                            expect another en banc motion, and the entire circuit will probably reverse the three-judge panel, as they either did, or will do, with the flynn appeal recently........
                            Comment
                            • KVB
                              SBR Aristocracy
                              • 05-29-14
                              • 74817

                              #15
                              From the OP link...

                              ...The decision written by an appellate judge appointed by President Donald Trump...
                              ...Friday’s ruling was a fractured decision partly because of that issue: Two of the three judges voted to toss out the state’s ban, while the third judge dissented.

                              U.S. District Court Judge Barbara Lynn of Texas, who had been named the third judge on the appellate panel, said the majority’s ruling conflicts with decisions in six other federal appellate courts across the nation, and with a 2015 ruling by a different panel of the 9th Circuit itself. She said she would have upheld California’s law based on that precedent...
                              ...“This ruling is an extreme outlier” ... ...“We expect an en banc panel will rehear the case and correct this erroneous, dangerous, and out-of-step decision.”...
                              Comment
                              • Auto Donk
                                SBR Aristocracy
                                • 09-03-13
                                • 43558

                                #16
                                yes, I'm a gun owner and would love to blow the heads off of pelosi, schumer, schiff, biden, harris, nadler, sotomayor and kagan, but even I know limiting the number of bullets to ten or 15 (the number my new GLOCK 9mm holds -- photos to come in new thread later) is a reasonable restriction on arming the guns you have a right to own.........

                                have no problem limiting AR clips to ten rounds........ and don't believe such a limitation violates the 2nd Am.

                                doesn't say you can't own the guns; just limits the amount of rounds you can put in it......... I expect this to be overturned after the motion for rehearing en banc is granted and the full court rules on the issue..... but still sweet to see trump's impact on the courts of our nation due to lazy obama/biden leaving so many openings for "hiLIARy" to fill..........


                                as david chappel would say, "stupid _______"
                                Comment
                                • KVB
                                  SBR Aristocracy
                                  • 05-29-14
                                  • 74817

                                  #17
                                  Comment
                                  • Ghenghis Kahn
                                    SBR Posting Legend
                                    • 01-02-12
                                    • 19734

                                    #18
                                    Originally posted by jjgold
                                    everything should be legal including full auto weapons
                                    Wasn't this guy antigun just few months ago?
                                    Comment
                                    • hawkwind
                                      SBR MVP
                                      • 04-25-11
                                      • 4069

                                      #19
                                      Gun sites already selling mags starting today.
                                      Comment
                                      • The Kraken
                                        BARRELED IN @ SBR!
                                        • 12-25-11
                                        • 28918

                                        #20
                                        Guns are the biggest joke in America and only insecure men fee they need one for protection. Imagine being such an oyster you eel like you need a gun to protect yoursef... You’re 1000% more likely to kill yourself by owning a gun vs. someone else with a gun shooting you... Fear dictates yalls lives, sad existence
                                        Comment
                                        • cincinnatikid513
                                          SBR Aristocracy
                                          • 11-23-17
                                          • 45360

                                          #21
                                          Originally posted by Ghenghis Kahn
                                          Wasn't this guy antigun just few months ago?
                                          jj is like a politician, changes his mind all the time
                                          Comment
                                          • hehfest
                                            SBR Hall of Famer
                                            • 09-28-08
                                            • 7934

                                            #22
                                            Originally posted by The Kraken
                                            Guns are the biggest joke in America and only insecure men fee they need one for protection. Imagine being such an oyster you eel like you need a gun to protect yoursef... You’re 1000% more likely to kill yourself by owning a gun vs. someone else with a gun shooting you... Fear dictates yalls lives, sad existence

                                            Your post has to be the dumbest post of all time and I've seen some dumb ones. So, if you and 4 of your buddies decide to jump me and start sh*t.....I probably would feel insecure about my chances? So, give me a few firearms and the game changes if none of you have any. Is that enough logic for you or does it still mean we are insecure and weak?
                                            Comment
                                            • deltgen
                                              SBR Wise Guy
                                              • 12-31-10
                                              • 865

                                              #23
                                              Originally posted by The Kraken
                                              Guns are the biggest joke in America and only insecure men fee they need one for protection. Imagine being such an oyster you eel like you need a gun to protect yoursef... You’re 1000% more likely to kill yourself by owning a gun vs. someone else with a gun shooting you... Fear dictates yalls lives, sad existence
                                              Kraken--with all due respect (and I'm not being sarcastic; I genuinely find you pretty reasonable even when I disagree with the things you post): Really? There are tons of criminals out there and keeping a gun on the bedside dresser makes us oysters for wanting to be ready if someone wants to break in? The odds are indeed remote, I'll give you that, but I think it best to be ready. But if you want to play the odds--the odds are also remote that people will be sick from this virus and even lower that they will die. (I'm not talking positive tests here--those don't indicate anything). Yet we're being incredibly draconian in spite of the remote odds, so maybe you're right in your last words: "Fear dictates yalls lives, sad existence"
                                              Comment
                                              • Auto Donk
                                                SBR Aristocracy
                                                • 09-03-13
                                                • 43558

                                                #24
                                                fuk en banc........

                                                I'll just buy more 15 round clips now, before the shit hits the fan......

                                                need somewhere to put this month's 740 new rounds of ammo:


                                                Comment
                                                • The Kraken
                                                  BARRELED IN @ SBR!
                                                  • 12-25-11
                                                  • 28918

                                                  #25
                                                  Originally posted by deltgen
                                                  Kraken--with all due respect (and I'm not being sarcastic; I genuinely find you pretty reasonable even when I disagree with the things you post): Really? There are tons of criminals out there and keeping a gun on the bedside dresser makes us oysters for wanting to be ready if someone wants to break in? The odds are indeed remote, I'll give you that, but I think it best to be ready. But if you want to play the odds--the odds are also remote that people will be sick from this virus and even lower that they will die. (I'm not talking positive tests here--those don't indicate anything). Yet we're being incredibly draconian in spite of the remote odds, so maybe you're right in your last words: "Fear dictates yalls lives, sad existence"
                                                  Much of the post was in jest. I probably own more guns than most. But Im not attached to them and dont rely on them for my safety. I personally believe in most instances guns are a false sense of security. People rely on guns for safety when the odds of them ever needing it are infintely low, yet the neglect what is most likely to kill them, heart disease and stroke. Fatties will be at mcdonalds with a supersized double quarter pounder, large coke, alreafy have 5 stents in their heart, and a gun on their hip so they dont die.....

                                                  With all that said, again most was in jest, and I support 2a.
                                                  Comment
                                                  • Auto Donk
                                                    SBR Aristocracy
                                                    • 09-03-13
                                                    • 43558

                                                    #26
                                                    Originally posted by The Kraken
                                                    Much of the post was in jest. I probably own more guns than most. But Im not attached to them and dont rely on them for my safety. I personally believe in most instances guns are a false sense of security. People rely on guns for safety when the odds of them ever needing it are infintely low, yet the neglect what is most likely to kill them, heart disease and stroke. Fatties will be at mcdonalds with a supersized double quarter pounder, large coke, alreafy have 5 stents in their heart, and a gun on their hip so they dont die.....

                                                    With all that said, again most was in jest, and I support 2a.

                                                    exactly.....

                                                    and why my "go to" home security device will always be a 35" easton aluminum baseball bat........

                                                    this other shit is in case the train goes totally off the track, and we have civil war in this country........

                                                    in that instance, I will be a killing machine......
                                                    Comment
                                                    • The Kraken
                                                      BARRELED IN @ SBR!
                                                      • 12-25-11
                                                      • 28918

                                                      #27
                                                      Originally posted by hehfest
                                                      Your post has to be the dumbest post of all time and I've seen some dumb ones. So, if you and 4 of your buddies decide to jump me and start sh*t.....I probably would feel insecure about my chances? So, give me a few firearms and the game changes if none of you have any. Is that enough logic for you or does it still mean we are insecure and weak?
                                                      Again, FEAR. You’re afraid me and 3 buddies are gonna jump you. So you carry a gun. When you get to the point that fear dictates your actions the result is rarey logical or rational. If you wanna carry a gun, thats fine. Just know you’re way more likely to kill yourself or an innocent bystander than a bad person with a gun.
                                                      Comment
                                                      • The Kraken
                                                        BARRELED IN @ SBR!
                                                        • 12-25-11
                                                        • 28918

                                                        #28
                                                        Originally posted by Auto Donk
                                                        exactly.....

                                                        and why my "go to" home security device will always be a 35" easton aluminum baseball bat........

                                                        this other shit is in case the train goes totally off the track, and we have civil war in this country........

                                                        in that instance, I will be a killing machine......
                                                        One swipe with an Easton and its game over... Take note Vitterd
                                                        Comment
                                                        • hehfest
                                                          SBR Hall of Famer
                                                          • 09-28-08
                                                          • 7934

                                                          #29
                                                          Originally posted by The Kraken
                                                          Again, FEAR. You’re afraid me and 3 buddies are gonna jump you. So you carry a gun. When you get to the point that fear dictates your actions the result is rarey logical or rational. If you wanna carry a gun, thats fine. Just know you’re way more likely to kill yourself or an innocent bystander than a bad person with a gun.
                                                          I disagree dude. I would only pull out my gun under a last resort after attempts to de-escalate a situation. If I was jumped without having a chance to de-escalate, then I pull it out faster. It's about training dude. Sure, some SBR guys that don't carry might make mistakes like that, but I've carried through the hood as a white dude for 5 years plus and never pulled it out once and I was threatened at least 5-10 times of my life. I have proper training that is military based, and anyone else in here would agree with me that you are wrong about this. Sure, a bunch of morons with no experience could make mistakes...true....but I don't see 4 homies walking up to me and just pull out my gun. Would some scared coward do that? Yes, very possible. Again, for me, last resort of defense.

                                                          I would challenge anyone in this forum to a fight in the boxing ring. Anyone. Obviously, in somewhat of my weight range. If a dude is 300 bills and all muscle, it's fair to say it wouldn't be a fair fight. You get the point.
                                                          Comment
                                                          • The Kraken
                                                            BARRELED IN @ SBR!
                                                            • 12-25-11
                                                            • 28918

                                                            #30
                                                            Ya I get your point. And at the end of the day we just see things differently and thats ok.

                                                            I think we both support the 2a so we have common ground. We probably differ in gun control measures but that shouldn’t overshadow the fact we both support gun rights
                                                            Comment
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