Court upholds California ban on high-capacity magazines – Fresno, California

Fresno, California 2021-11-30 16:12:21 –

Sacramento, California-The 9th U.S. Circuit Court of Appeals overturns a decision by two judges, upholds a ban on California’s bulk magazines on Tuesday, and makes a possible split decision to the U.S. Supreme Court. Did.

“The law prohibits weapons, but only limits the size of magazines that can be used with firearms,” ​​the court said in a 7-4 decision.

The majority said, “Records show that restrictions minimize the right to the core of self-defense, because everyone protects their homes and families because there is nothing large. There is no evidence that it couldn’t be done. Capacity Magazine; and … Limits save lives. “

A committee of 11 members of a San Francisco-based court said last year that two of the three judges in the small Ninth Circuit Court of Appeals banned a magazine state holding more than 10 bullets. Acted after arguing that it violated the protection of firearm ownership in the US Constitution.

The gunowners’ rights body will appeal this ruling to the US Supreme Court. They are about to file a firearms case in a more right-leaning High Court for the appointment of former President Donald Trump.

Judge Patrick Bumatai of the Ninth Circuit Court, appointed by Trump, disputed, saying that large magazines were “commonly used” by Americans for self-defense.

“Sure, these magazines are legally owned by millions of people across the country and are standard equipment on the most popular firearms on the market today,” he writes. “If California law is applied nationwide, half of all existing firearms magazines in this country will have to be confiscated.”

Two other judges joined his dissenting opinion, and a fourth judge wrote another dissenting opinion.

The majority vote was partially dependent on which legal standard should be used to determine the outcome, and the majority of the Ninth Circuit Court of Appeals chose stricter standards. It found that “intermediate scrutiny was applied because the ban imposed a minimal burden on the core rights of the Second Amendment to hold and bear weapons.”

The Gun Rights Group wants the Supreme Court to choose lower legal standards for the Constitutional Amendment Article 2 proceedings in future decisions regarding New York law limiting hidden weapons.

Chuck Michelle, chairman and legal counsel of the California Rifle and Pistol Association, said, “I’m disappointed that this particular 11-judge committee had a number that overturned the lower court’s decision. Not surprisingly, but the fight isn’t over yet. ” Seven judges of the Ninth Circuit Court of Appeals were appointed by the Democratic President.

“The Commission is heavily facted and all dissenting judges need to file this proceeding with the Supreme Court to explain how to consider the Constitutional Amendment Article 2 opposition. Suggests, “he said.

Four years ago, Judge Roger Benitez of the San Diego-based US District Court declared an unconstitutional state law banning the buying and selling of large magazines since 2000. The law prohibited new sales and imports, but allowed those who had magazines before that to keep them.

Benitez also banned the state from enforcing voter-approved legislation. This would have prohibited gun owners from owning magazines with more than 10 magazines. The real effect was that people who already had weapons in such magazines would have had to submit them.

A group of guns estimates that over a million large-capacity magazines could have legally flooded California during the week before Benitez’s decision was maintained while Benitez waited for an appeal. bottom. The Court of Appeals for the Ninth Circuit of the three judges upheld Benitez’s decision and maintained his stay.

Aside from its impact on the high-capacity magazine law in California and other states, Tuesday’s ruling will help remove obstacles to other pending cases of the state’s ban on offensive weapons.

Everytown for Gun Safety, a major group seeking restrictions on firearms, has been the state authorities for this year’s Benitez decision to revoke California’s assault weapons restrictions while the Ninth Circuit Court of Appeals is considering banning large magazines. Said that the complaint was put on hold.

A ruling on assault weapons has also been put on hold, and the Court of Appeals is considering the same issue in another case in 2018 in which another federal judge upheld the state’s ban.

Copyright © 2021 AP communication. all rights reserved.

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