BREAKING: 9th Circuit Panel Strikes Down California ‘High Capacity’ Magazine Ban

The Truth About Guns ^ | August 14, 2020 | Dan Zimmerman

[Trump20162020]

A three-judge panel of the Ninth Circuit Court of Appeals has just ruled for the plaintiffs in Duncan v. Becerra, striking down the state’s “large capacity” magazine ban.

As the opinion notes:

The Ninth Circuit employs a two-prong inquiry to determine whether firearm regulations violate the Second Amendment: (1) whether the law burdens conduct protected by the Second Amendment; and (2) if so, what level of scrutiny to apply to the regulation. United states v. Chovan, 735 F.3d 1127, 1136 (9th Cir. 2013)

The panel held that under the first prong of the test, Cal. Penal Code § 32310 burdened protected conduct. First, the panel held that firearm magazines are protected arms under the Second Amendment. Second, the panel held that LCMs are commonly owned and typically used for lawful purposes, and are not “unusual arms” that would fall outside the scope of the Second Amendment. Third, the panel held that LCM prohibitions are not longstanding regulations and do not enjoy a presumption of lawfulness. Fourth, the panel held that there was no persuasive historical evidence in the record showing LCM possession fell outside the ambit of Second Amendment protection.

[mplc51]

WOW!

[Magnum44]

Well, that only took, what, 30 years?

[fhayek]

That is good news. Time and Newsweek have been getting mighty thin lately...

[Vision]

President Trump is amazing.

[11th_VA]

Nice - now I can go back out and stand in line for an hour to buy one box .380

[Lurkinanloomin]

If this holds, then all the other communist states restrictions on magazines fall.

[FirstFlaBn]

The 9th Circuit?? Well, I’ll be dipped in Schiff.

[rktman]

WUT? Full court? 🙏

[rktman]

Nah, just three. 🙌📴

[Lurkinanloomin]

There’s no .380 and won’t be for a while.
Last time after the CT shooting, .380 was the last caliber to come back because they use the same machines for making 9mm.
They usually run 10 months of 9mm and 2 months of .380, but did not stop making 9mm because of the backlog.
I expect the same thing this time.

[Billthedrill]

Oh, great. Now there's gonna be a magazine shortage.

Kidding. My condolences to Kali shooters who had their mags pinned. Now about that Magpul stock...

[Blood of Tyrants]

You know what this means? It means that every available standard capacity magazine available for ALL firearms will be immediately routed to California, creating a temporary magazine drought for the rest of the US.

[11th_VA]

I found some the other day, but like I said, 1 box limit after standing in line for an hour

[Blood of Tyrants]

One word. Reload.

[Darksheare]

” “unusual arms” that would fall outside the scope of the Second Amendment.”??

I don’t recall the 2nd saying anything about “unusual arms” being excluded?
It just says “keep and bear arms, shall not be infringed”.
So they have more work to do.
But I’ll take this too.

[Lurkinanloomin]

You’re lucky, we ran out last week.

[G Larry]

Colorado and Washington gun owners should take full advantage.

[Blood of Tyrants]

for your list

[Lurkinanloomin]

Well you see, the founders did not define “arms”.

Some people expect that there should have been a glossary attached for those too stupid to understand clear language.