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SAN FRANCISCO, CALIFORNIA -(Ammoland.com)- The US Court of Appeals for The Ninth Circuit has ruled that magazine limitation violates the Second Amendment rights of the people.
In Duncan v. Becerra, the plaintiff argued that California’s magazine limitation law banning magazines that hold more than ten rounds was unconstitutional. Earlier in 2019, San Diego Judge Roger T. Benitez ruled in favor of Virginia Duncan’s accusation that the law violated her Constitutionally guaranteed right to bear arms. The judge issued an injunction against the state law.
This ruling kicked off what became known as “Freedom Week” in the California gun community. Any magazines acquired by Californians during the week became legal to keep. The court ruled that the citizens could keep these newly acquired magazines if the buyer ordered them during that week. The state asked the court for a stay of the injunction while they waited for the Ninth Circuit Court to hear California’s appeal. The judge granted the state a stay.
Today a panel of judges from the Ninth Circuit handed down their decision on the magazine ban. The panel ruled that magazine restrictions did violate resident’s Second Amendment rights opening up for the possibilities for a second “Freedom Week.”
The ruling read:
“First, the panel held that firearm magazines are protected arms under the Second Amendment. Second, the panel held that LCMs are commonly owned and typically used for lawful purposes, and are not “unusual arms” that would fall outside the scope of the Second Amendment. Third, the panel held that LCM prohibitions are not longstanding regulations and do not enjoy a presumption of lawfulness. Fourth, the panel held that there was no persuasive historical evidence in the record showing LCM possession fell outside the ambit of Second
Amendment protection.”
The majority decision ruled that the law “struck at the core right of law-abiding citizens to self-defend by banning LCM [Large Compacity Magazine] possession within the home.” The court further stated that the banning of magazines holding more than ten rounds put an undue burden on the Second Amendment rights of those in California.
Chief District Judge Lynn dissented and would reverse the district court’s grant of summary judgment if she had the power to decide the case herself.
Executive Director Sam Paredes of Gun Owners of California celebrated the victory. He sees this as the landscape of the courts changing due to judges appointed by President Trump.
“Freedom Week in California has now become ‘Freedom Forever’ with regards to standard capacity magazines,” Paredes said. “A panel of the 9th Circuit Court of Appeals upheld Judge Roger Benitez’ ruling that the magazine ban in California violates the core right of the Second Amendment. Californians are no longer second-class citizens concerning gun magazines of any type. Yes, the California Attorney General can ask for an en banc hearing to overturn the decision, but thanks to the appointments to the ninth by President Trump, a reversal is no longer a sure thing. Message to ammo mag manufacturers crank up the machines, California is back in the market. GOC, GOA, and GOF were important amici to this case. Congratulations all!”
The California Attorney General’s office did not reply to AmmoLand’s request for comment. Online sellers such as XTech Tactical have started selling magazines to California residents.
About John Crump
John is a NRA instructor and a constitutional activist. He is the former CEO of Veritas Firearms, LLC and is the co-host of The Patriot News Podcast which can be found at www.blogtalkradio.com/patriotnews. John has written extensively on the patriot movement including 3%’ers, Oath Keepers, and Militias. In addition to the Patriot movement, John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and is currently working on a book on leftist deplatforming methods and can be followed on Twitter at @crumpyss, on Facebook at realjohncrump, or at www.crumpy.com.
Hmm, there’s probably going to be people out snorkeling looking for their mags they lost during the boating mishap.
The answer to their problem is one word: electromagnets.
Pray that what remains of those springs are still ferrous.
no snorkel needed. Those “boating accidents” really happened whilst the boats were parked in their garages.. I may be a mite slow these days, but I know that ol’ Sun Ball still comes up most days over to the east somewhere.
First we must see if Bacera goes back and asks for a full panel. If we win there, he can try to go to the Supreme Court because that will create a conflict between districts. Then we face the gift that keeps on giving: John Roberts, creation of Bush, enemy of liberty. We are not out of the woods on this issue. California may very well provide us with the lynch pin that destroys all feature band based gun rights elimination measures. Maybe. We live in dangerous times.
Of course California will appeal to a full en banc hearing.
I’m waiting for the manufacturers of these things to start selling bulk parts for a “build your own” party. They’d not be shipping complete magazines. Even divide the parts up into separate shipments. A hundred springs, a hundred base plates, a hundred casings, a hundred followers….. maybe just into two shipments. All the casings in one large box, the other parts, a hundred each to a bag, in a second carton…..
More than one way to skin a cat. No records of who bought what sent to that commie state. Let Becerra the Beast starve.
Beware of AB2382 a supposed catch all for restrictions on gun parts. Vague definitions in typical California fashion. Originally written to stop only the necessary parts, receivers, frames etc. required to assemble a firearm that now contains verbiage, not to exclude magazine parts, barrels and so on.
These vipers are choking the 2nd Amendment into extinction.
The stay is still in effect and has not been lifted. You cannot order or purchase standard capacity magazines.
I don’t think that the anti-gun people in California will give up until they try every trick in the book to take the guns and equipment from honest citizens who are following their god given rights under the constitution, so I see an appeal to be filed with the higher court on this case.