Federal Appeals Court Rules
California’s Ban on High-
Capacity Magazines Unconstitutional
National Review,
by
Mairead McArdle
Original Article
Posted By: Dreadnought,
8/14/2020 4:03:31 PM
A federal appeals court on Friday overturned California’s ban on high-capacity ammunition magazines, ruling that the prohibition violates the Second Amendment.
“Even well-intentioned laws must pass constitutional muster,” Appellate Judge Kenneth Lee wrote for the majority on the three-judge panel of the 9th U.S. Circuit Court of Appeals, adding that California’s ban “strikes at the core of the Second Amendment — the right to armed self-defense.”
California’s ban on magazines holding more than 10 bullets is “so sweeping that half of all magazines in America are now unlawful to own in California,” Lee wrote.
One of the judges on the panel dissented, leaving a majority of two
Reply 1 - Posted by:
RuckusTom 8/14/2020 4:16:20 PM (No. 510117)
Never fear. Robert's to the rescue. /s
19 people like this.
Reply 2 - Posted by:
DVC 8/14/2020 4:32:21 PM (No. 510126)
Good news. Now we find out if Cali antigunners have the guts to risk wiping out ALL magazine restriction laws nationwide, or take their lumps as a state, and thereby preserve, for at least a while, the mag bans in NY, NJ and some other antigun states.
The law is clearly unconstitutional....but is Dread Pirate Roberts going to go left again if this comes up to the Supremes?
15 people like this.
Reply 3 - Posted by:
CactusStar 8/14/2020 5:14:12 PM (No. 510166)
They're just teasing us and are trying to make us think they care about the bill of rights. This will get shut down by the full circus so fast we will be amazed.
5 people like this.
Reply 4 - Posted by:
cor-vet 8/14/2020 5:15:24 PM (No. 510168)
This is shocking, coming from the 9th circuit. This is one of the biggest reasons to re-elect President Trump. Courts that favor the constitution. The liberals will argue that the founding fathers didn't anticipate these kinds of magazines, but they also didn't anticipate the smut coming out of hollywierd.
10 people like this.
Reply 5 - Posted by:
bad-hair 8/14/2020 5:26:14 PM (No. 510178)
Ditto #5. This from the 9th Circus !!! Go PJT. Your court appointments do work. Dems use their old tried and true end run to the appeals courts and get face planted. Love it.
9 people like this.
Reply 6 - Posted by:
GoodDeal 8/14/2020 5:29:05 PM (No. 510181)
Biden will ban them by executive order so no worries.
2 people like this.
Reply 7 - Posted by:
DVC 8/14/2020 5:48:11 PM (No. 510194)
And the antigun folks talk about the modern problem of "high capacity magazines" and "semi-automatic rifles".
They aren't aware that the 9mm Luger semi-automatic pistol was available with an optional 32 round magazine prior to WW1, about 1914 or even a decade earlier. And Remington released their first commercial semi-automatic rifle, which was called the Model 8, in 1905. Standard magazine was a 5 round one, but up to 15 round magazines were available.
If you look closely in the western movie, "Ride the High Country", the Warren Oates bad guy character uses a Remington Model 8 semi-auto while the others use lever action Winchesters, standard movie cowboy rifles.
2 people like this.
Reply 8 - Posted by:
Lazyman 8/14/2020 5:50:02 PM (No. 510197)
This could come in handy to the good people left there.
4 people like this.
Reply 9 - Posted by:
MrDeplorable 8/14/2020 6:53:10 PM (No. 510251)
PREDICTION #1: The State will appeal the decision back to the Ninth to be heard not by a three-judge panel but en banc (all judges) who will quickly reverse the apparent win for the Second Amendment. MORAL: California WILL take our guns, folks, bet on it. PREDICTION #2: American Civil War, Part Deux coming up.
6 people like this.
Reply 10 - Posted by:
curious1 8/14/2020 7:00:40 PM (No. 510253)
As if we needed any black robed jurist to tell us that. The politicians and their hired thugs should be thankful we the people are still willing to work within the system they and their fellow travelers are trying so hard to tear down. Should they ever be successful, a that point, we won't wait around for 'judges' to say what is plain to us, but controversial to 'nuanced' commies.
6 people like this.
Reply 11 - Posted by:
ussjimmycarter 8/14/2020 7:01:19 PM (No. 510255)
If you have a 30 round magazine and you bang it on the table...discharge! Ask the BLM moron explaining how the bolt going forward fires the AR15...LOL! 30 rounders no...because...the CHILDREN! Of course!
1 person likes this.
Reply 12 - Posted by:
Jethro bo 8/14/2020 7:01:49 PM (No. 510256)
Trump appointee in Reinhalt's old position writes the majority opinion. Classic Clinton judge dissent. Winning matters. Oh, Lee is asian decent so the racist angle is a bit tougher.
2 people like this.
Reply 13 - Posted by:
or gate 8/14/2020 7:09:46 PM (No. 510267)
Give californey back to Mexico.
What a disgrace.
3 people like this.
Reply 14 - Posted by:
TCloud 8/14/2020 7:39:01 PM (No. 510284)
I am sure that there are others out there in the hinterlands...but I am like waaaay over prepped just sayin! Good luck!
4 people like this.
Reply 15 - Posted by:
Vaquero45 8/14/2020 11:27:05 PM (No. 510392)
I was okay before this decision. My 30-round magazine identifies as a 10-round magazine....
2 people like this.
Reply 16 - Posted by:
hoosierblue 8/15/2020 6:21:27 AM (No. 510507)
Stock up now Kalifornians before the next Obama judge -court flips it back.
0 people like this.
Reply 17 - Posted by:
bighambone 8/15/2020 10:16:27 AM (No. 510720)
The Democrats are aiming at the wrong target, as the Black inner city violent gangbangers who are committing the vast majority of murders using illegal firearms in the USA, and who are murdering and assaulting about all the Black people killed and wounded in those cities, are not using very expensive semi-automatic rifles with magazines that hold multiple rounds of ammunition to perpetrate their violent crimes, but instead almost all the time are using illegal handguns that they purchase from criminal gun runners.
Neither those criminal gangbangers or the gun runners are about to obey any gun control laws, no matter how draconian those laws are. Again the Democrats are picking on law abiding gun owners who use their firearms for hunting, personal protection, and target shooting in accordance with the rights given them well over 200 years ago by the Second Amendment to the US Constitution.
Chances are this case will end up before the US Supreme Court where the five liberals on that court will have a shot to redefine the Second Amendment to the detriment of law abiding gun owners.
0 people like this.
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