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Appeals court upholds California’s high capacity magazine ban

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A federal appeals court Tuesday upheld California’s ban on high-capacity ammunition magazines, which a San Diego federal judge previously overturned and ruled was unconstitutional.

A divided 9th U.S. Circuit Court of Appeals ruled by a 7-4 margin that California’s ban “on legal possession of large-capacity magazines reasonably supported California’s effort to reduce the devastating damage wrought by mass shootings.”

The ban outlaws magazines that hold more than 10 rounds of ammunition.

U.S. District Judge Roger T. Benitez in San Diego previously blocked the ban, ruling that the law violated the Second Amendment rights of gun owners and that its passage was an overreaction to high-profile gun crimes. Benitez issued his ruling in favor of several San Diego County gun owners who argued the ban burdened lawful gun owners and did little to reduce violence. Benitez’s decision was upheld by a three-judge 9th Circuit panel last summer, prompting the “en banc” review of the case by the full court at the request of the California Attorney General’s Office.

California Attorney General Rob Bonta applauded the ruling, saying, “Today’s decision is a victory for public safety in California. Gun violence is an epidemic in this country, but laws like our ban on large-capacity magazines are commonsense ways to prevent this violence, including devastating mass shootings. I’m thankful to the court for giving this case a second look, and confirming what we know to be true: our laws keep Californians safe while allowing law-abiding gun owners to exercise their constitutional rights.”

Governor Gavin Newsom also applauded the ruling, tweeting “This is a huge victory for the health and safety of all Californians.”

Chuck Michel, president of California Rifle & Pistol Association, a plaintiff in the original lawsuit, said the organization would appeal the ruling.

“We are truly disappointed that the Ninth Circuit en banc panel decided to go against the solid constitutional reasoning of other judges to strike down this win for gun owners,” Michel said. “We will be appealing to the Supreme Court for a final determination because gun owners deserve to have someone fighting for them and their rights. The Second Amendment is a fundamental right, and it is time that courts stop treating that right like a second-class gift from government.”

Judge Susan P. Graber, who authored the majority opinion, wrote the law “is a reasonable fit for the important government interest of reducing gun violence” and that large-capacity magazines have been used “in about three- quarters of gun massacres” with 10 or more deaths over the past 50 years and all such gun killings with more than 20 deaths.

In a dissenting opinion, Judge Patrick Bumatay — who was joined by Judges Sandra Ikuta and Ryan Nelson — wrote that the ban infringes on Californians’ Second Amendment rights and if applied nationwide, “it would require confiscating half of all existing firearms magazines in this country.”

The dissent continued, “While we acknowledge that California asserts a public safety interest, we cannot bend the law to acquiesce to a policy that contravenes the clear decision made by the American people when they ratified the Second Amendment.”

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40 comments for "Appeals court upholds California’s high capacity magazine ban"

  1. You don’t understand this country, AdolphOliverMuff.

    Those 3 things go together like a matched set of crazy. It’s called “compensation” for a small thing.

    Next time you see one of those 4-wheel jacked up Dodge Ram trucks in a fast-food parking lot, look in the bed. It’s clean as a whistle.

    The only off-road use is at the mall parking lot or their own driveways. Working trucks aren’t dressed to kill like that.

    I’ve seen big black Dodge or other make of trucks jacked up and who climbs out but a 5’2″ Wally Cox or Don Knotts. It’s hilarious. They have to jump to hit the ground. And they are pasty white like they’re a CPA or something.

    I saw one the other day in a parking lot spending 1 minute trying to back up into a space close to the door of the store. This country is so full of phony men and the women who own them.

    • Hey, Mr. Peepers was dangerous!

      Nobody can be as descriptive as “The Man”. I would post a contradictory comment just to read your response. lol. I hope the masses appreciate your genius.

  2. Meanwhile, all this show so politicians look good, is a complete joke, and so are the people that buy into this “California will be safer” lie. I don’t own a gun because I don’t live in fear, but I know plenty of people that can obtain one or many, because they’re everywhere, ammunition goes with the purchase.

    • Ghost guns are everywhere in California for a reason. the tougher a state is on guns the more creative gun lovers become.

      • Don’t “ghost guns” have to be registered just like other firearms. Don’t know for sure but I think it’s a felony to have an unregistered firearm. If you get busted, a felon can no longer have guns at all. Not smart.

        BTW: Alec Baldwin says he didn’t point the gun and didn’t pull the trigger. LOL, no, the devil did it. And you’re right Tim, I couldn’t care less about it but I despise him.

        • Unregulated, untraceable, and anyone including minors can easily make or purchase them. L.A. City Council just banned ghost guns, and that’s a joke too. I hate guns, and as we see, even a licensed security guard can take out his children and mother-in-law.

          • If you ever have to use an unregistered assault rifle to protect yourself, you will probably do more jail time than the perpetrator.

          • What a Joke:

            With all due respect: Aren’t “ghost guns” without serial numbers unregistered by definition?

            My point is simply that unregistered assault rifles of any type are highly illegal in CA (as they should be).

            PS: I like sport shooting but I believe weapons of war are unnecessary for civilians. My kids (both Army vets) would disagree.

          • Just another lib that has no idea what they’re talking about. You might want to do some research on “ghost” guns before sticking your foot in your mouth. And maybe quit watching CNN.

          • MuffinMan:

            LOL. Nobody has ever accused me of being a “lib” before. If I were a lib, that must make you a fascist. I haven’t watched CNN since the first Gulf War, idiot.

            Boy, did you ever get that wrong. You just jumped to a simple-minded knee-jerk conclusion. And were you hiding under a rock like a troglodyte since early December and just woke up?

            PS: Your screen name is ridiculous. Other than that, how ya doing?

  3. Mike

    The pro-life party is an oxymoron.

    They want to overlook every school massacre but get outraged over shoplifting.

    In case you didn’t know this Mike, peo9le don’t kill people. BULLETS KILL PEOPLE. You guys can’t even get your slogans right.

    You and the other ammosexuals like Kyle Rittenhouse are the problem. The NRA turned out to be a corrupt organization being investigated for personal use of its donors’ funds just like Trump does.

    The Republican Party is despicable and corrupt. One of Trump’s lawyers is being investigated for using donated funds for her personal use as well. Rudy lost his law license in New York and more such things are coming.

    The whole cult is a lying, corrupt and grifting mess and it’s all coming down around them.

    I guess you want to be associated here with all that corruption as well. Fine.

  4. The corruption of the 9th Circuit Court of Appeals is so blatantly obvious. They have no interest in upholding the constitution. The liberal lawmakers and the 9th circuit would rather trample on the constitution that do the hard work that is required to curb violence. There’s no such thing as gun violence. There’s just violence. Guns don’t kill. People kill. This victory for gun control advocates will be short lived. As soon as the SCOTUS decision on NYRPA v Bruen ruling is handed down, it will have sweeping effects on every restrictive gun law in this state, and the Constitution will finally be recognized in this state.

    • This comment makes sense if you understand that when Mike uses the word “corrupt” he means “not packed with GOP appointments who will legislate from the bench.”

      The equating of “well regulated militia” with “so anyone and everyone can just buy a gun and go hunting humans” is not in the constitution, it is based in a SCOTUS decision made by a court packed with nutbags by a string of Republican presidents.

      • Tim Scott you weren’t crying the last 20 years when the SCOTUS was packed with liberal justices. Now that the pendulum has swung the other way, the crocodile tears and snot come pouring out of your face. You’re the epitome of what’s wrong with the left. You’re the actual fascist. You’re the actual racist.

        • Mike, that comment was so obviously flawed that I can’t take it seriously…and as for your efforts at name calling, they don’t bother me because knowing who and what you are puts you too far down the respect chain to matter. Being hated by you is a an honor and a privilege. Glad you finally came crawling back for further well deserved drubbing.

        • Mike:

          If I had a nickel for every time someone has been unjustly called “racist” here, I’d be rich enough to buy the mayor’s office in Lancaster.

          Worn out and unjustified argument. Do better.

          • Every one of you use these words ad nauseam: Racist, fascist, commie, commiefornia, California Socialist Republic, depending on what party you identify with, or just want to be an idiot.

          • When people vote for and continue to support racist presidents, members of Congress and mayors of desert cities, they are also racists, only covert.

          • Ban:

            Your judgmental, condescending tone and holier-than-thou demeanor caricatures that of the frustrated, overbearing, hypocritical, insufferable dominatrix that disciplines, hectors, lectures, scolds, harangues, spanks, whips, berates, constrains, admonishes, irritates and trolls every commenter like a humorless, moralizing, tiresome Nurse Ratchet.

            Aren’t you the only perfect, pure and sinless anointed one enforcing righteousness and your joyless morality on the iniquitous and wicked world? Can you preach and accuse in two religions, annoy and defame in two genders, and vomit vile waste out of two faces?

            Then you must be Alex/Alexis/Claire or whatever you call your gutless, worthless, whining, unproductive identity lately. Always a pleasure (not), whatever and whoever you are now. Crawled out of your hole? Mankind rejoices and the angels sing.

            But I agree. Ban both parties, meaning you. Actually, it should be “BAN ALL POLITICAL PARTIES.

          • Sir William:

            Not everyone that votes differently than you is racist. I know you know that, but it’s more fun being provocative, right, lol?

          • Just out of curiosity America’s Most Observational, which do you see more; a Republican making a well reasoned statement and then called a racist just for being a Republican, or a Democrat making a well reasoned statement and then being called a commie just for being a Democrat?

            Don’t lie.

          • If my mouth or pen is moving, I’m lying.

            To simplify the question, ALL Republicans are nazi fascist racist insurrectionists. ALL Democrats are treasonous communist antifa and guilty of sedition.

            I’m the only human without original sin and since I have a direct line to Heaven’s Gate mothership, in my indisputable wisdom and as authorized by George Washington, I hereby declare all political parties illegal, null and void of all relevance.

            You’re welcome America.

      • Mike has been brainwahsed like McCarthy, Garcia, Matt Gaetz, Marjorie Taylor Greene (who doesn’t deserve 3 names) Josh Hawley, Ted Cruz and the rest of the Republicans in Congress except for 2, Liz and Adam who have more courage than our Mike Garcia will ever have.

    • “A well-regulated…” Well, this sounds like that.

      What do the first 3 words of the Second Amendment mean anyway?

      Will it have to take a massacre at the Supreme Court to open their eyes?

      Nah. Not even that will do it.

      Yup. The guns and bibles mentality of the right will certainly lead this country in the 21st century.

      Republicans/Trumpers want to take the country backward to match their thinking.

      The nutjobs on the right won’t wear masks and won’t get vaccines yet they need military weapons to protect themselves. We need to tighten those loose screws somehow.

      It would be interesting to hear what they would say if the Black Panthers showed up at election polling places wearing assault rifles in those orange “open-carry states”. They are already afraid of blacks at voting places so imagine if they were “carrying”.

      It’s called “fighting fire with fire”.

      • Don’t worry. Nobody can get ammunition anyway. Democrats saw to that.

        • Why, that’s wonderful.

          Now, how are AV residents going to protect themselves against the epidemic of imaginary home invasions?

          Consider that the real-life guy from American Sniper, a well-trained sharpshooter was killed driving to the gun range by a nutjob riding with him.

          Or, that cops sitting in patrol cars getting assassinated. Hey, they were well-armed, well-trained cops.

          But, the gun nuts here in the AV and elsewhere think they will save the day if someone starts shooting in a darkened, crowded theater.

          Or, the 2 cops killed in a Las Vegas diner by that nutty couple wearing adult diapers from the takevere of federsal property.

          Talk about delusional.

          The NRA, Fox ‘news’ and Republicans prey (and pray) on the cult’s fear, a primitive, reptilian part of the brain.

          Trumpers are afraid all the time of everybody and everything. There are little old ladies who live alone who aren’t as scared as right-wing male gun nuts.

          They can’t distinguish between fear of getting killed by an assassin and running out of toilet paper. Remember those empty shelves? In fact, back in the 70s (you remember the 70s) Johnny Carson joked about a run on toilet paper and Americans rushed to clean out the shelves the next day.

          Don’t worry. You are going to die eventually anyway. Do ya want a slow agonizing demise from a disease or a quick end from a bullet to the head and your name in the AV Times?

          Is your hero now Kyle Rittenhouse? Is that his poster over your bed? LOL

          • “They can’t distinguish between fear of getting killed by an assassin and running out of toilet paper”. LMAO.

            But innovative and resourceful individuals can make a deadly weapon out of toilet paper. Especially if it’s been used.

        • A very devout Trumper – rabid if you will – and a childhood friend refused to get vaccinated.

          He went into the hospital last Monday, in ICU by Tuesday, and dead early Saturday morning.

          An anti-seatbelt friend used to tell me “No government can make me wear a seatbelt”. I told him of a (then) recent accident in a vehicle similar to his where the only survivor of 4 passengers was the one wearing a seatbelt. “That’s their choice !” he told me. I said “It was a bad choice.”
          He died after a Friday the 13th accident at an intersection in Palmdale in August. MAGA Hat didn’t save him. A shame.

          • Darwnism at work.

            So far in the Valley Press there are a couple of nuts declaring they aren’t getting vaccines and trust their immune system to protect them. There are likely more of them who aren’t gonna make it public.

            Hell, their immune systems didn’t protect them from the Trump virus. They are both in the cult and make it known weekly in the Letters section much like here.

            Can’t wait till their names are in the Obituaries and no longer in the Letters to the Editor.

          • “Can’t wait till their names are in the Obituaries and no longer in the Letters to the Editor.“

            I interpret this as,
            “I wish the folks I debate with would die”

            Keep it classy Bill P.

          • People proudly and stubbornly announcing they won’t get vaccinated against a a contagious and possibly deadly disease don’t deserve any considertation.

            They are delaying the control of the pandemic for personal and ignorant reasons. It’s not like they are diabetics refusing insulin. COVID is contagious. A whole different matter.

            Plus, they perpetuate the lies about vaccines and the questionable “cures” being put
            forth.

            The pro-life party is an oxymoron. They want herd immunity which by its nature involves many deaths to get there.

            Those antivaxxers don’t deserve any sympathy if they get sick given their irresponsibility in the matter. They just shouldn’t burden the health care business when they do get COVID, and insurance companies might not cover it if they haven’t been vaccinated. Let them bear the cost themselves.

            Many good and innocent people have dieed such as young health care workers. So, we shouldn’t shed tears for those who willfully refuse to do what is necessary. It would be better if they died quickly before they can spread it further.

      • Already happened. Look up “ Mulford Act.” Scared NRA, Ronald Reagan, and the Republican party back in the 1960’s

    • What in the world do you need an HCM for? Or a 4-wheel drive jacked up Dodge Ram? Or a red hat?