SAF Hails Court Ruling in Cal Magazine Limit Case

Standard Capacity Magazines
A three-judge panel upheld a lower court's decision that California's ban on standard capacity magazine ran afoul of the Second Amendment and US Constitution. IMG Jim Grant

U.S.A. -(AmmoLand.com)- The Second Amendment Foundation today is hailing a ruling by a three-judge panel in the 9th Circuit Court of Appeals that held California’s ban on so-called “large-capacity magazines” (LCMs) violates the Second Amendment.

“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.”

The case is known as Duncan v. Becerra. The 66-page majority opinion was written by Circuit Judge Kenneth K. Lee.

SAF was joined in its amicus brief by the California Gun Rights Foundation, Firearms Policy Coalition, Firearms Policy Foundation, Armed Equality, San Diego County Gun Owners, Orange County Gun Owners, Riverside County Gun Owners, and California County Gun Owners.

In his ruling, Judge Lee observed, “We understand the purpose in passing this law. But even the laudable goal of reducing gun violence must comply with the Constitution. 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.”

California had banned possession of ammunition magazines that hold more than ten cartridges. “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.”


Second Amendment FoundationSecond Amendment Foundation

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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KDad
KDad
1 month ago

It’s unfortunate that this ruling will not benefit states like Colorado where the Communist Governor and legislature passed a law with a magazine limit of 15 rounds.

MICHAEL J
MICHAEL J
1 month ago

Becerra is only in position because Kamala Harris vacated that office to become senator. Then brain dead voters elected him because of name recognition. He’s Gavin Newsom’s henchman and is anti-Constitution as they come. He also manipulates ballot proposal wording to confuse voters instead of clear understandable language. California legislation is full of people like him who are programed to deceive.

Gdubb
Gdubb
1 month ago

This is the biggest positive legal decision for 2A in many years. There’s a special place in hell for communist activists like Xavier Becerra. Turning law-abiding citizens into felons for no good reason… It’s so obvious he is only interested in pandering to the extreme left for votes. He is a vehement anti-freedom fighter, and needs to be publicly reprimanded immediately.

Patriot Solutions
Patriot Solutions
1 month ago

We have a special place waiting for Becerra at GITMO and even named a garden after him called “The Emohwen Setatspeed Gardens” or if you read it backwards “The Deep States New Home” but of coarse I’m sure it’s just another conspiracy theory and I should get back on my meds.

Aint that right Charlie……….

Looooooool…………………………………….

70% of Americas elected officials are dirty as dirty can get. Becerra is not going bye bye alone. Hahahaha……………….

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Last edited 1 month ago by Patriot Solutions
Patriot Solutions
Patriot Solutions
1 month ago

GITMO makes a special kind of fertilizer out of guys like Becerra. Like Trump said, the vaccine will be quickly administered by the military (and gardens will expand).

Hahahaha

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Last edited 1 month ago by Patriot Solutions
Patriot Solutions
Patriot Solutions
1 month ago

How that walk will look, in case he’s reading about his loss here.

Hahahaha…………….

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Last edited 1 month ago by Patriot Solutions