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Ninth Circuit En Banc Panel: CA can Ban Magazines over 10 Rounds
AmmoLand ^ | Decomber 1, 2021 | Dean Weingarten

Posted on 12/08/2021 4:17:34 AM PST by marktwain

U.S.A.-(AmmoLand.com)- The Ninth Circuit Court of Appeals has reversed the three-judge panel decision in Duncan v. Becerra, the ban on magazines that hold over 10 rounds. The opinion was released on November 30, 2021.

Update: The case nomenclature has changed from Duncan v. Becerra to Duncan v. Bonta, because of the change in the California Attorney General.

At the end of March, in 2019, Judge Roger T. Benitez wrote a well-reasoned opinion that found the California ban on magazines of over 10 rounds to be an unconstitutional infringement on the Second Amendment right to keep and bear arms.  The case was appealed to a three-judge panel. The panel, in a split decision, upheld Judge Benitez’s opinion, on August 14, 2020.

As has become common in cases involving the Second Amendment in the Ninth Circuit, the case was then asked to be heard by an en bank panel of the Ninth Circuit. The en banc panel issued its opinion on November 30, 2021. The en banc panel reversed the decision of Judge Benitez at the Circuit court and of the three-judge pane. They found a ban on magazines that can hold more than 10 rounds to be an acceptably small infringement on the core Second Amendment right. From the decision Page 31-32:

Defendant does not dispute that California’s ban on large-capacity magazines implicates, at least in some measure, the core Second Amendment right of self-defense in the home. See, e.g., Pena, 898 F.3d at 977 (assuming without deciding that firearm regulations implicate the core right); see also Worman, 922 F.3d at 30, 36 (assuming without deciding that Massachusetts’ ban on large-capacity magazines implicates the core right); Heller II, 670 F.3d at 332


(Excerpt) Read more at ammoland.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: California
KEYWORDS: 2a; 9thcircuit; 9thcircus; andrewdhurwitz; banglist; chiefjudge; deanweingarten; enbanc; lawrencevandyke; magazine; marshasberzon; maryhmurguia; ninth; ninthcircuit; ninthcircus; patrickjbumatay; pauljwatford; richardapaez; rogertbenitez; ryandnelson; sandrasikuta; sidneyrthomas; susanpgraber; thestoogeualsuspects; theusualsuspects
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If a small infringement is acceptable, then more and more infringements become acceptable.
1 posted on 12/08/2021 4:17:34 AM PST by marktwain
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To: marktwain
CA can Ban Magazines over 10 Rounds

Yeah, cause nobody can get killed with a gun that only holds 11 rounds. (10 in the mag + 1 in the pipe) /sarc

2 posted on 12/08/2021 4:22:52 AM PST by LouAvul (Farewell America. We barely knew you. )
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To: marktwain

Who determines what a “small infringement” is? How about zero infringement you bunch of Turkeys! That is what the 2nd states or I guess that Turkeys haven’t learned to read.


3 posted on 12/08/2021 4:25:29 AM PST by Colo9250
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To: marktwain

If there exist “acceptably small” infringements of “shall not be infringed”, I wonder what sorts of “acceptably small” violations of other laws, policies, or mandates might also exist.


4 posted on 12/08/2021 4:25:32 AM PST by coloradan (They're not the mainstream media, they're the gaslight media. It's what they do. )
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To: marktwain

Like being bitten by an acceptably small rattlesnake. Or having an acceptably small blood vessel burst in your brain.


5 posted on 12/08/2021 4:32:09 AM PST by gundog ( It was a bright cold day in April, and the clocks were striking thirteen. )
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To: coloradan

Also, are police and soldiers expected to comply with the 10 round limit? If not, why not? Do they “need” more rounds? If so, then the limit is evidently not acceptable after all.


6 posted on 12/08/2021 4:35:28 AM PST by coloradan (They're not the mainstream media, they're the gaslight media. It's what they do. )
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To: marktwain

Why 10? What’s magic about that number?

What if they decide 5?


7 posted on 12/08/2021 4:36:18 AM PST by Kozak (The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. TV)
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To: coloradan

I believe that decision language alone demands a final read by the USSC. Its implications extend far beyond just that of magazines and the Second Amendment.


8 posted on 12/08/2021 4:36:19 AM PST by Gaffer
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To: marktwain

So the ban applies to “outside the home” but not “in the home”; ridiculous.

Well then, what constitutes being “in the home”?

Living homeless in a tent? Camper?

It’s ridiculous these black-robed geniuses would ignore the population of “transients” which constitute an entire city in the Utopia known as California.


9 posted on 12/08/2021 4:47:52 AM PST by Hostage (Article V)
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To: marktwain

I recall a Governor stating:

‘U don’t need ten buwwwets to kill a dewah!’

Whateverhappenedtothatguyandhisbrother?


10 posted on 12/08/2021 4:49:41 AM PST by BBB333 (The Power Of Trump Compels You!)
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To: gundog

“Like being bitten by an acceptably small rattlesnake.”


It’s the small ones that kill you - the venom is much more potent.

I DO get your most valid point however.


11 posted on 12/08/2021 4:51:15 AM PST by BBB333 (The Power Of Trump Compels You!)
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To: marktwain

Kalifornia is a terrorist foreign Kountry.


12 posted on 12/08/2021 5:19:27 AM PST by Highest Authority (DemonRats are pure EVIL)
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To: BBB333
There’s a element of truth in the relative lethality of baby rattler bites. They’re certainly nothing to mess with.

https://wsed.org/baby-snake-venom-myth/

13 posted on 12/08/2021 5:22:04 AM PST by gundog ( It was a bright cold day in April, and the clocks were striking thirteen. )
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To: marktwain

13 not a good number, but 10 rounds ok? Next, 8 rounds, then 6, then two?


14 posted on 12/08/2021 5:22:14 AM PST by The_Media_never_lie ( )
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To: The_Media_never_lie
13 not a good number, but 10 rounds ok? Next, 8 rounds, then 6, then two?

Exactly so.

Then no cartridges that are too powerful, or hollowpoint or full metal jacket or unusual or common...

15 posted on 12/08/2021 5:31:00 AM PST by marktwain (Amazing people can read a persons entire personality and character from one photograph.)
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To: marktwain

Who obeys laws anymore?


16 posted on 12/08/2021 5:31:05 AM PST by MrBambaLaMamba (Why allow a government of thieves, liars, braggarts, traitors, cowards and perverts? )
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Major boon for the black marketeers. Thanks for the burst of the big bucks.


17 posted on 12/08/2021 5:38:14 AM PST by USCG SimTech ( )
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To: marktwain

Perhaps there is an acceptably small number of judges swinging from trees as well.


18 posted on 12/08/2021 5:38:54 AM PST by bk1000 (Banned from Breitbart)
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To: marktwain

As is so often the problem with this court — and many other courts ruling on Constitutional matters — they “forget” to consider the document itself. It’s easier that way.


19 posted on 12/08/2021 5:40:11 AM PST by glennaro (Although I don't believe in "big conspiracies", neither do I believe in "big coincidences")
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To: marktwain

The 2nd amendment amendment is very specific. “Shall not be infringed “.


20 posted on 12/08/2021 5:40:28 AM PST by DownInFlames (P)
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