th<\/sup> Circuit ruled that the restrictive ban did not violate the Second Amendment because magazines holding more than 10 rounds falls in line with other historic restrictions that restrict \u201can especially dangerous feature of semiautomatic firearms\u2014the ability to use a large-capacity magazine\u2014while allowing all other uses of those firearms.\u201d<\/p>\n\u201cLarge-capacity magazines are optional accessories to firearms, and firearms operate as intended without a large-capacity magazine,\u201d the ruling stated. \u201cPossession of a large-capacity magazine therefore falls outside the text of the Second Amendment.\u201d<\/p>\n
The ruling fall far outside the results of a study recently released by the National Shooting Sports Foundation (NSSF) that revealed how truly common the devices are throughout the country.<\/p>\n
\u201cThe Detachable Magazine Report (1990-2021) confirms what NSSF has known\u2014that the national standard for magazine capacity for America\u2019s gun owners is greater than 10 rounds,\u201d the organization stated. \u201cWith nearly 1 billion detachable magazines in circulation, for both rifles and pistols, they are unquestionably commonly-owned and commonly-used for lawful firearm use, including recreational target shooting, hunting and self-defense. They are \u2018arms\u2019 within the meaning of the Second Amendment. Detachable magazines are integral to the design of, and necessary for the proper functioning of, today\u2019s modern semi-automatic firearms.\u201d<\/p>\n
In its latest ruling, the 9th<\/sup> Circuit also claimed that the infringement met the second Bruen <\/em>requirement\u2014proving a historical precedent\u2014when no such precedent exists by basically saying \u201cclose is good enough.\u201d<\/p>\n\u201cEven assuming that the text of the Second Amendment encompasses the possession of an optional accessory like a large-capacity magazine, California\u2019s law falls neatly within the Nation\u2019s traditions of protecting innocent persons by prohibiting especially dangerous uses of weapons and by regulating components necessary to the firing of a firearm,\u201d the ruling further stated. \u201cPlaintiffs understate the extent to which our forebears regulated firearms to promote public safety. California\u2019s law is relevantly similar to such historical regulations in both \u2018how\u2019 and \u2018why\u2019 it burdens the right to armed self-defense. Like those historical laws, California\u2019s law restricts an especially dangerous feature of semiautomatic firearms\u2014the ability to use a large-capacity magazine\u2014while allowing all other uses of those firearms.\u201d<\/p>\n
Of course, California\u2019s gun-hating attorney general, Rob Bonta, was thrilled with the ruling.<\/p>\n
\u201cThis 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\u2019s capacity to turn shootings into mass casualty attacks,\u201d Bonta said in a press release. \u201cToday\u2019s ruling is an important win\u2014not only in this case, but in our broader efforts\u00a0to protect California communities from gun violence.\u201d<\/p>\n
Before the 9th<\/sup> Circuit began considering the case, attorneys general from 25 different states filed a brief explaining why the ban was unconstitutional under the Bruen<\/em> ruling and why the district court decision should be upheld.<\/p>\n\u201cThe district court properly concluded that California\u2019s law unconstitutionally restricts the fundamental right to keep and bear common firearm magazines typically possessed for lawful purposes,\u201d the AGs stated in the brief. \u201cThis Court should follow the Supreme Court\u2019s mandate from\u00a0Heller<\/em>,\u00a0McDonald<\/em>\u00a0and\u00a0Bruen<\/em>\u00a0by affirming the district court based on the text, history and tradition associated with the Second Amendment and magazines with a capacity over 10 rounds.\u201d<\/p>\nAlas, the circuit court chose to ignore that good counsel, striking down the lower court decision and likely sending the mag ban case to the U.S. Supreme Court at some future date.<\/p>\n<\/div>\n
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Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"The San Francisco-based 9th Circuit Court of Appeals on Thursday overturned a lower court ruling that had ruled California\u2019s ban on firearms magazines holding more than 10 rounds to be unconstitutional. In the case Duncan v. Bonta, the 11-judge panel of the 9th Circuit ruled that the restrictive ban did not violate the Second Amendment […]<\/p>\n","protected":false},"author":1,"featured_media":4814,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":{"0":"post-4813","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-reviews"},"_links":{"self":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/4813","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4813"}],"version-history":[{"count":0,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/4813\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/media\/4814"}],"wp:attachment":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4813"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4813"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4813"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}