Ninth Circuit Strikes Down California Ban on High-Capacity Gun Magazines

[IceCat1]

Something new from the ninth. Trump appointed judges strike down lower court ruling. I’m sure this fight ain’t over.

https://www.courthousenews.com/ninth-circuit-strikes-down-california-ban-on-high-capacity-gun-magazines/amp/

CN) — Siding with a lower court judge who found California’s ban on high-capacity gun magazines holding more than 10 rounds of ammunition is illegal and could lead to women being “raped and dead,” a duo of GOP-appointed Ninth Circuit judges Friday ruled the ban violates the Second Amendment.

In a 66-page order, U.S. Circuit Judge Kenneth Lee, a Donald Trump appointee, found California’s voter-approved Proposition 63 — enacted in 2016 to ban the high-capacity gun magazines frequently used in mass shootings — violates the Second Amendment.

Lee found Proposition 63 burdens conduct protected by the Second Amendment, as firearm magazines are protected under the Constitution, not “unusual” and are commonly owned for lawful purposes.

He further found Proposition 63 “struck at the core right of law-abiding citizens to self-defend by banning LCM possession within the home,” using the acronym for “large-capacity magazine.”

The state’s “compelling interest” in mitigating gun violence was not narrowly tailored by “a statewide blanket ban on possession everywhere and for nearly everyone.” As such, Proposition 63 was not the “least restrictive means” of preventing mass casualties, Lee wrote.

Lee affirmed U.S. District Judge Roger Benitez’s decision last year granting summary judgment in favor of gun owner Virginia Duncan and the California Pistol & Rifle Association. Benitez found gun magazines over 10 rounds are commonly owned “by law-abiding responsible citizens for lawful uses like self-defense.”

More in the link.