9th Circuit Court Panel Ends California Ban On High-Capacity Magazines

[C Moon]

Source: CBS San Francisco

SACRAMENTO (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.”



Read more: https://sanfrancisco.cbslocal.com/2020/08/14/9th-c

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Regarding Appellate Judge Kenneth Lee (from Wikipedia):

On October 10, 2018, President Trump announced his intent to nominate Lee to serve as a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit.[5] Both California Senators Dianne Feinstein and Kamala Harris announced their opposition to his nomination.[9] On November 13, 2018, his nomination was sent to the Senate. President Trump nominated Lee to the seat vacated by Judge Stephen Reinhardt, who died on March 29, 2018.

[Aristus]

1. Yeah, because 'self-defense' is impossible without high-capacity magazines...

[Calista241]

21. A comparison is if they banned basketballs that were inflated to over 7.5 psi.

Despite that being the recommended air pressure rules recommended by the manufacturers and required by the NBA. Now the basketball doesn't bounce the way it's supposed to, it's harder to use, and it pisses everyone off.

Basically they took something normal, outlawed it, and changed how everyone in the state uses their legally purchased items. Something like 97% of guns manufactured in the last 80 years ran afoul of this high capacity ban.

[bucolic_frolic]

2. Specious connection between 2A and quantity

When there are 500 rounds per clip, they'll want 600 to compete. Escalation forever. All for a "well-regulated militia" to defend the colonies.

[Calista241]

24. A 500 round magazine would weigh over 40 lbs when loaded, and doesn't include the

weight of the rifle itself. Even with a light weight round like the 5.56 nato bullet.

I don't think anyone will ever have to worry about a 500 round magazine though. Magazines are operated by springs, and no spring technology exists that could reliably feed 500 rounds into a handheld rifle, or even a portable crew served machine gun. There's a reason the 100 round magazines are horribly inefficient and prone to misfeeds.

[Blues Heron]

3. Fucking humpers - what a plague they are.

the core of the 2A is an armed militia, not individual armed self defense. We need to take back the country from these sick humpers and their allies on the courts

[zipplewrath]

4. Heller

Heller went a long way towards saying that in fact these kinds of restrictions were valid. I'm not sure these three are well based in law. I wonder what the full court would say.

[Evolve Dammit]

5. Such bullshit. The 2nd has been perverted. It was about muskets and a "well regulated" militia.

Apples and fucking oranges to today. Draw a line at hunting rifles, shotguns, etc. Plenty lethal and certainly enough for "home defense" or whatever else you're worried about?

[Mr.Bill]

6. If the full court hears this

it will be reversed.

[Polybius]

32. The US Supreme Court?

You have a lot more confidence in them than I do.

[Mr.Bill]

40. No, the full 9th Circuit Court.

This was just a three judge panel from the full 9th Circuit, led by a Trump appointee. The Attorney General has the option of asking the full court to hear the case and make a decision, which could reverse this one.

[Polybius]

42. Is there a time limit on when the AG can appeal?

I know Barr would never do it, but the next one will.

[Mr.Bill]

43. I'm talking about the California AG, not federal.

And I imagine there would be some time limit, but I don't know what it is exactly.

[Polybius]

44. Ahh gotcha

I'd imagine the CA AG will get on that right away. But then it could eventually go to the US SC.

[yaesu]

7. this is nuts, same ban held country wide for 10 years before it expired. Wonder how many are tRump

appointed?

[Dial H For Hero]

8. Not quite the same law. The Assault Weapon Ban of 1994-2004 banned the manufacture of high capacity

magazines for civilian use, but ones previously purchased could still be owned or sold to other individuals.

In contrast, the California law is more strict. There is no grandfathering clause, and possesing a high capacity magazine, even if it was legally purchased prior to the law's enactment, is a felony.

[C Moon]

10. Thanks for clearing that up, Dial H. Didn't know that.

[yaesu]

11. yep, you're right, I remember that individuals could still buy and sell but was an importer,

manu ban.

[Dial H For Hero]

14. Durintg the ban, I remember seeing 17 round Glock magazines that used to sell for $15 go for $150(!)

[yaesu]

15. oh man, the market gets crazy when supply doesn't keep up with demand. nt

[cstanleytech]

12. No, it's simply the Constitution.

If people truly want the gun issue solved then they need to amend the Constitution because otherwise a court at some future time can toss the law out.

[cstanleytech]

9. I have said it before and I will say it again the only way

anything can be done about the gun issue is via an amendment to the Constitution. Otherwise the courts can throw any such laws that try to address it out.

[Thunderbeast]

17. A Constitutional Amendment is a very heavy lift.

The Constitution is structured at it's core to advantage small rural states. Until we have sweeping changes in political power at ALL levels of government, repealing or re-writing 2A is not going to happen.

The absolute right to own unlimited arms, however, can someday be overturned by SCOTUS. The HELLER decision which enshrined the current interpretation of the 2A was decided in a 5-4 court vote....hardly a clear call. John Paul Stevens' decent in the case lays out a more reasonable interpretation that emphasizes the context of a "well regulated militia" in the declaration of gun rights. Never has awkward punctuation (in second amendment syntax) had such devastating impact on a society!

[cstanleytech]

18. I know but otherwise any law that is passed will be at the mercy of a future court challenge.

[ansible]

30. That's a good way to start a civil war

[cstanleytech]

31. I do not believe so because to pass an amendment to the Constitution really need to get a

significant amount of the population of the country to agree to it.
Besides the amendment can be written to be seasonable and spell out things like registration is required yet an outright ban on all guns is not allowed.

[Polybius]

33. Chicago and DC outright banned them for 30 years

How did they get away with that for so long?

[cstanleytech]

35. Because the makeup of the courts is fluid and the 2nd amendment as it's written is flawwed.

[Polybius]

41. Not entirely true

It never went to the SC before 2008 or so, so it was never ruled on when the makeup was different.

[Tom Yossarian Joad]

13. With that logic I guess it's only a matter of time before home owners can acquire their own SAM's

and anti-tank weaponry.

[Thunderbeast]

19. "I felt threatened by that airliner".

Had to "Stand my Ground"!

[Calista241]

26. It's actually pretty easy

SAMs and Anti-tank weaponry are rocket propelled and continue to provide thrust as they travel to the target / run out of fuel. If you bring artillery into the discussion, like a howitzer or canon, those are area of effect weapons that provide indirect fire and are appropriately classified as 'artillery' and not 'arms.'

All of these weapons are crew served, and requires a tremendous amount of skill to load, store, and fire accurately / safely. One of the smaller field artillery pieces used by the Army, the M102 105mm howitzer, requires a crew of 8 to operate.

The ATF classifies many of these items as 'destructive devices' and they do give out licenses to private individuals to own and operate them. They are, however, prohibitively expensive with a 105mm round costing over $400. A single hellfire anti-tank missile, which is unavailable to the public, costs the government over $100k. A Javelin anti-tank missile, which would be more useful to a single dude wanting to fuck some shit up (though also unavailable to the public), costs $200k for 1 missile and the launcher.

[ananda]

16. Fuck! What happened to the 9th Circuit???

They used to be good.

[JustABozoOnThisBus]

22. McConnell?

McConnell has been polluting the courts with wingers for almost four years. It's his primary goal.

[Progressive Jones]

20. The ammosexuals are surely all fellating each other in celebration. nt

[msongs]

23. if I want a nuclear device will judge lee let me have my 2A rights to use one? nt

[rickyhall]

25. WTF does "well regulated" mean anyway?

[Dial H For Hero]

27. At the time it was written, well equipped and proficient.

[PoliticAverse]

28. It means "well trained"/"proficient". n/t

[Polybius]

34. It would mean just that if it stopped there

But then it said "the right of the people to keep and bear Arms, shall not be infringed. There's not much that can be done unless it's repealed.

[Dial H For Hero]

29. Tthe major online merchants who sell such magazines are already selling them to Californians.

Last year, a similar ruling was in effect for a week, during which Californians bought millions of them. Given the current political climate, sales will, if anything, be even higher.

[Snoopy 7]

36. here's why

Trump is doing exactly what the federalist society is telling him to do, just like they told gw bush as he also packed the courts
https://www.politico.com/news/2019/12/22/trump-judges-9th-circuit-appeals-court-088833

[Devil Child]

38. Fantastic! n/t

[Turbineguy]

45. This ban discriminates

against slow reloaders.

[friendly_iconoclast]

46. Good. Magazine bans are nothing more than security theater

[Dial H For Hero]

47. Quite so. They're as meaningless as assault weapons bans.