Ninth Circuit: CA ban on standard-capacity gun magazines is constitutional

The U.S. Court of Appeals for the Ninth Circuit ruled California’s ban on standard-capacity gun magazines is constitutional, overturning a lower court ruling.

Citing New York State Rifle & Pistol Association v. Bruen, a U.S. Supreme Court ruling that requires that gun control laws be consistent with the nation’s historical precedent of firearm regulation, District Court Judge Roger Benitez ruled the standard-capacity magazine ban unconstitutional in 2023.

California Attorney General Rob Bonta appealed the ruling before it went into effect.

The Ninth Circuit majority opinion found that magazines, as “optional accessories,” are not protected firearms, or protected accessories under the Second Amendment. It also ruled the ban falls within the general precedent of “protecting innocent persons by prohibiting especially dangerous uses of weapons and by regulating components necessary to the firing of a firearm.”

Three judges dissented, finding the majority’s ruling inconsistent with Bruen and the Second Amendment.

- Advertisement -

“The majority’s rationale in this case, followed to its (il)logical conclusion, means that now — perhaps even more so than before Bruen — only the jankiest guns are even facially protected by the Second Amendment,” wrote Judge Lawrence VanDyke in dissent. “And even those can be banned outright consistent with the Second Amendment so long as the government can find a historical analogue with the flimsiest connection to the challenged law.”

“It sadly seems our court has somehow now established an even more government friendly version of the very interest balancing the Supreme Court rejected in Bruen,” continued VanDyke. “In doing so today, this court once again improves its undefeated record against the Second Amendment, demonstrating both its misunderstanding of firearms and its disdain for the People’s constitutional right to have them in the process.”

Bonta celebrated the decision, saying, “This commonsense restriction on how many rounds a gunman can fire before they must pause to reload has been identified as a critical intervention to limit a lone shooter’s capacity to turn shootings into mass casualty attacks.”

When providing historical precedent for Second Amendment restrictions to support California’s gun control laws, Bonta’s office has controversially cited bans on gun and ammunition possession by “Negros, Mulattos, slaves, or persons of color” and laws that “prohibited sales to Indians.”

spot_img
spot_img

Hot this week

African and Caribbean Nations Call for Reparations for Slave Trade, Propose Global Fund

Nations across Africa and the Caribbean, deeply impacted by...

Sports betting expert offers advice on paying taxes for gambling winnings

(The Center Square) – Tax season is underway, and...

Health care company agrees to pay $22.5 million to settle claims of over billing

A health care company agreed to pay nearly $22.5...

Entertainment district benefits don’t outweigh the cost, economists say

(The Center Square) — Weeks later, after more details...

Business association ‘disappointed’ by WA L&I’s proposed workers comp rate hike

(The Center Square) – The Association of Washington Business...

Op-Ed: Democratic scare tactics and the SAVE Act

"Hell, I never vote for anybody, I always vote...

Everyday Economics: Brace yourself for higher market volatility this week

This week’s data will offer fresh clues on the...

Trouble Sleeping? This Science-Backed App Could Change Your Life

Sleep quality is a huge determinant of our health,...

Op-Ed: Hispanic families in New Mexico push back on gender policies

In a state where more than 1 million residents...

Senate committee to vote on bills combating antisemitism on campuses

Legislation targeting harassment of Jewish students at higher education...

The FDA Is Failing – Here’s What Needs To Change

We’ve long trusted the FDA to protect public health,...

Illinois bill helps homeowners fight back against squatters

(The Center Square) – With instances of squatting sharply...

Voters focused on prices, tariffs as Trump wraps up first 100 days

American voters are focused on prices, tariffs and illegal...

More like this
Related

Op-Ed: Democratic scare tactics and the SAVE Act

"Hell, I never vote for anybody, I always vote...

Everyday Economics: Brace yourself for higher market volatility this week

This week’s data will offer fresh clues on the...

Trouble Sleeping? This Science-Backed App Could Change Your Life

Sleep quality is a huge determinant of our health,...

Op-Ed: Hispanic families in New Mexico push back on gender policies

In a state where more than 1 million residents...