Federal Court Rules California Gun Magazine Ban and Confiscation Scheme Unconstitutional


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(Worthy News) – A federal appeals court ruled on Friday that California’s ban on the possession of ammunition magazines that hold more than 10 rounds violates the Second Amendment.

The Ninth Circuit Court of Appeals affirmed U.S. District Judge Roger T. Benitez’s 2019 ruling against the ban on magazines holding more than 10 rounds. The 2-1 decision asserted the magazine ban, which made both future sales of affected magazines and the possession of those already legally purchased punishable by up to a year in jail, was incompatible with Supreme Court precedent on gun-rights guarantees in the U.S. Constitution. Judge Kenneth Lee, joined by Judge Connie Callahan, said the ban violated Californians’ right to self-defense.

“California’s near-categorical ban of [large-capacity magazines] strikes at the core of the Second Amendment—the right to armed self-defense,” Lee wrote in the opinion for the court. “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. California’s law imposes a substantial burden on this right to self-defense.” [ Source: Washington Free Beacon (Read More…) ]

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