From the 9th (California)

[jack the toad]

Hope not a repost...

California ban on high-capacity firearm magazines upheld

www.sacbee.com

In a major victory for gun-control advocates, a federal appeals court upheld California's ban on high-capacity ammunition magazines, overturning earlier rulings.

The 9th Circuit U.S. Court of Appeals called the California laws "a reasonable fit for the important government interest of reducing gun violence." The ruling upholds two California laws enacted in 2016, SB 1446 and the voter-approved Proposition 63, which were touted as a response to mass shootings. Both actions sought to crack down on magazines holding more than 10 rounds of ammunition. The ballot proposition, which contains broader language, required gun owners to take their high-capacity magazines out of state, sell them to a licensed dealer or surrender them to law enforcement.

A federal judge in Southern California initially declared that California was violating the Second Amendment and the Constitution's "takings clause." Last year a three-judge panel on the 9th Circuit sided with the Southern California judge and struck down California's ban.

Now the full 11-judge panel of the 9th Circuit has declared that California can enforce the prohibition on large-capacity magazines, saying the state isn't violating anyone's constitutional rights.

"The statute outlaws no weapon, but only limits the size of the magazine that may be used with firearms," wrote Judge Susan Graber.

She added that "there is no evidence that anyone ever has been unable to defend his or her home and family due to the lack of a large capacity magazine."

Citing the litany of mass shootings carried out with firearms outfitted with high-capacity magazines, she said "the limitation saves lives."

[mocha001]

Just another day behind the iron curtain in the golden state

[johngalt]

I'm sure all those murder victims in California were comforted with knowing they weren't murdered by the 11th round.

[ladder13]

Maybe all the comments on gun forums declaring all one needs is a 5 shot J frame, influenced them.

[stansdds]

I figured it would go this way.

[Llance]

The Ninth Circus Court, the most overturned court in the system. I'm sure this decision will fall in appeal like so many others have in the past.

[robertrwalsh]

A three-judge panel of the same court said the "high capacity" magazine ban was unconstitutional a few months ago. This decision was by an 11-member panel. It will certainly be appealed to SCOTUS. I have realistic expectations that the court will consider it and rule in the direction of sanity and the constitution.

[stansdds]

I'd like to think that the SCOTUS would take up this decision, if appealed, and would rule that capacity limits are unconstitutional. I'll not be holding my breath waiting for either to occur.

[heeter3]

They 9th will probably be over ruled again.

[GaryS]

The Ninth Circuit issued a stay on enforcement of the new law for 151 days unless the appellants file for cert with SCOTUS. In which case the stay will remain in effect until SCOTUS decides what to do with the case.

California's 'High Capacity' Magazine Possession Ban On Hold Pending Supreme Court Appeal - The Truth About Guns

[jag312]

Another reason why I left California.

[johngalt]

Originally Posted by GaryS

The Ninth Circuit issued a stay on enforcement of the new law for 151 days unless the appellants file for cert with SCOTUS. In which case the stay will remain in effect until SCOTUS decides what to do with the case.

California's 'High Capacity' Magazine Possession Ban On Hold Pending Supreme Court Appeal - The Truth About Guns

151 days? Wonder how they came up with that.