A monumental occasion! On Friday, August 14, 2020, the U.S. Court of Appeals for the Ninth Circuit struck down a three-year-old ban on magazines capable of holding more than 10 rounds of ammunition, otherwise known as “large-capacity magazines” (“LCMs”). This is a significant ruling in favor of gun rights and the right to self-defense.
“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,” the majority stated in the 2-1 ruling. This saga began in 2016 when California lawmakers prohibited possession of LCMs by amending Cal. Penal Code § 32310 to enact a wholesale ban on the possession of LCMs by almost everyone, everywhere, in the State of California. Then, later that year, California residents voted in favor of making LCM possession a misdemeanor.
“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,” Judge Kenneth Lee wrote in the majority opinion. “It cannot stand.”
Further, Lee wrote, “But even well-intentioned laws must pass constitutional muster. California’s near-categorical ban of LCMs strikes at the core of the Second Amendment — the right to armed self-defense. Armed self-defense is a fundamental right rooted in tradition and the text of the Second Amendment. Indeed, from pre-colonial times to today’s post-modern era, the right to defend hearth and home has remained paramount.”
The Ninth Circuit Court of Appeals presides over the district courts in several states, specifically, Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, and the territories of Guam and the Mariana Islands. Based on the population of these states and territories, it covers the largest population of the 13 courts of appeals and the decisions made by the Ninth Circuit Court of Appeals are currently only binding in those jurisdictions.
George Newhouse, U.S. LawShield California Independent Program Attorney stated, “This is a great outcome for California and all those who believe in the Second Amendment and self-defense rights. The court 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.’ Further, Judge Lee emphasized how important large-capacity magazines might prove for those who live in rural areas where the local sheriff may be miles away, those who may be trapped in high-crime areas, communities that distrust or depend less on law enforcement, and many more who rely on their firearms to protect themselves and their families. Naturally, this ruling may be challenged by the opposing side and even result in a Supreme Court case, yet it marks a “win” for those who believe in our inalienable rights as Americans, the Second Amendment, and the right to self-defense.” Newhouse added.
Read more about California gun laws
So, yes, we will celebrate regarding this special day in August when your most basic right to self-defense was re-affirmed in the most unlikely of places: California. As always, should you have questions about the law of self-defense, call U.S. LawShield and ask to speak with your Independent Program Attorney.
The preceding should not be construed as legal advice nor the creation of an attorney-client relationship. This is not an endorsement or solicitation for any service. Your situation may be different, so please contact your attorney regarding your specific circumstances. Because the laws, judges, juries, and prosecutors vary from location to location, similar or even identical facts and circumstances to those described in this presentation may result in significantly different legal outcomes. This presentation is by no means a guarantee or promise of any particular legal outcome, positive, negative, or otherwise.
First thing I’ve ever read “good” that has come out of the 9th circuit. Great news.
Glad to read about striking down LCM’s. Good for the citizens of California. Still couldn’t pay me to live there
Awesome, my best friend in San Diego is no longer committing felonies, I’ll let him know, and hope he still moves to FL.
Outstanding 9th Circuit! Good for the Law-Abiding Citizens of CA. Still won`t move there. GOD BLESS TEXAS!
AMEN on Texas
And also with you. Texas!
That is a 3 judge panel. Place a bet that CA will as for an en banc ruling.
Absolutely correct. And given the makeup of the 9th Circuit, despite great progress by President Trump in fixing the problem, it is likely that an en banc ruling will reverse this Constitutionally correct result.
I wouldnt live California on a bet, That means I would have to be Nancy neighbbor GOD BLESS TEXAS
I wanted to live in Texas but they found out mom and dad were married and they wouldn’t let me!
D.A.N. got it right. I feel this article is just blowing smoke up our keesters. Commiefornia can request a full member En Banc review and since the 9th is still majority commie they will swat this decision down.
Communist don’t want you to have one bullet or a magazine that holds more than ten. The whole point is complete control of all firearms along with the control of the American people’s rights.
This is the best writing I have read in years. Please keep it up. Will send it to my son in Az.
It is a great win for us here in California. Now if they would allow us to conceal carry, I might feel a bit safer. Still hate living here and can’t wait for my house in Texas to be finished.
Great, but don’t bring any California “nuts” with you.
Great News, Hope this carries over to The peoples republic of Massachusetts, Our D.A. is NUTS
if the democrats win none us will have a gun!!!
Good news but California is still a rotten, horrible place. I lived there for a few years whilst attending grad school. Never was so glad to leave a place.
I think we need to stop calling them “large capacity magazines”, which implies they’re over and above what any normal person should need. Let’s call them what they are. Standard capacity magazines.
Beto O’Rourke lost both the Us Senate race and the Democrat Primary. He has stated he is taking our semiautomatic rifles. Democrat Biden has stated he will appoint this rabid gun grabber as his “gun control czar.” Remember this when you vote. A vote for Biden is a vote to lose your guns.
They are just gearing up for their next go round. I’m pretty sure this isn’t over.
Oh it’s over Dave
HOW ABOUT THE STATE MARYLAND USA?
While the “story” is correct, California continues to have a restriction on Hi Capacity magazines because of the earlier judges “stay” on essentially a ruling with the same effect. California considers that stay to the overturn of the law as a lock on the door to possession of such magazines. None of the “brick and mortar” stores in California are selling hi capacity magazines and few (if any at this time) on-line sellers/distributors are selling magazines to California addresses..
So, what does this mean for other states like Colorado? Our magazine ban was reinforced within our state government just this year. Do you think a federal appeal could overturn the states decision citing this ninth circuit decision? When can we see this trickle down to other states?
It’s a sad state of affairs for our country, when criminals have more rights than what the constitution gave us.The right to bear arms is fundamental and at this time and age should not be under question. The actions of a few DOES NOT constitute the actions of all. Because of a few people the majority of us responsible gun owners should not have to be “punished” for electing to stand for our SECOND amendment RIGHTS. The thought of taking our guns away is akin to discrimination. You are discriminating on those that CHOOSE to defend ourselves, loved ones and home…We don’t discriminate you if you want to be defenseless, that’s your choice. The day that you are face to face with someone trying to harm you or your family, be my guest and discuss with them why you chose to let yourself be in this sheepish position without a fighting chance to defend your world. If you are a politician, (democrat), you will be pushing the buzzer for your security team to come and rescue you…by joining the anti gun discussion with the perpetrator. Wait…you don’t expect your security team to have guns do you? And if so, one bullet should be enough.
A magazine holding more than 10 rounds of ammunition should never be referred to as a “large capacity magazine” because it is NOT a large capacity magazine. For rifles a 30 round magazine is and should be referred to as a “standard capacity magazine.” Rifles and other long guns have had capacities of 30 rounds since WWII (Thompson submachine gun, M3 Grease Gun, Stg.44, post WWII AK47, and post WWII M1 and M2 carbines, among others) or fairly soon afterwards, and certainly for the last 50+ years. For handguns, the handgun used by more nations than any other, the Browning Hi Power, used 13 round magazines. 15 round magazines have been standard capacity in a large number of handguns for 50+ years and 17 round magazines have been standard in the most popular handgun on earth, the Glock 17, since the mid-1980s. Today 17 round handgun magazines are standard.
Don’t give into the other side’s attempt to control the debate through controlling the words used and their meaning. Don’t concede one inch to them unless you are prepared to concede everything because if you concede anything they will sense weakness and try to take everything.