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As the 9th Circuit Takes Another Look at California's 10-Round Magazine Limit, It Should Demand More Than Speculation From the Law's Defenders
Reason ^ | 28 February, 2021 | Jacob Sullum

Posted on 02/28/2021 5:07:45 AM PST by marktwain

The U.S. Court of Appeals for the 9th Circuit yesterday vacated a 2020 decision that blocked California's ban on magazines that hold more than 10 rounds. A federal judge in 2019 concluded that the law, which prohibits possession as well as manufacture and sale, was inconsistent with the Second Amendment. Last year a three-judge 9th Circuit panel agreed. Now the full court will rehear Duncan v. Becerra, raising the possibility that the ban will be upheld after all.

California Attorney General Xavier Becerra, the defendant in the lawsuit, welcomed that development. "Large-capacity magazines have been used in many horrific mass shootings around the country, including right here in California," he said in a press release. "That's why today's decision by the Ninth Circuit to rehear this case is critical; it is the next step in the defense of our state's commonsense gun laws."

Becerra's notion of "common sense," like President Joe Biden's, may be common, but that does not mean it makes any sense. Becerra thinks it is self-evident that a 10-round limit on magazine capacity saves lives by making mass shootings less deadly. At the same time, he cannot conceive of a situation where anyone would need more than 10 rounds for self-defense. The advantage that extra rounds give a mass shooter by reducing the time spent switching magazines somehow disappears when a law-abiding gun owner is defending himself, his family, or his property from violent criminals.

Biden, who favors a federal law similar to California's, shares these seemingly contradictory premises, and he does not even attempt to persuade anyone who might be skeptical. To give you a sense of Biden's reasoning, he notes that "federal law prevents hunters from hunting migratory game birds with more than three shells in their shotgun." In his view, "that means our federal

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; US: California
KEYWORDS: 2ndamendment; 9thcircuit; banglist; ca; california; californiadrugs; coloradodrugs; magazine; ninthcircuit; nra; secondamendment; washingtondrugs
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Those who push for infringements on Second Amendment rights always use bad data and bad logic.

The facts, the culture, and the Constitution all favor the Right to Keep and Bear Arms.

1 posted on 02/28/2021 5:07:45 AM PST by marktwain
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To: marktwain

Does anyone truly believe the gun grabbers would stop at a ten round magazine limit?
Suppose some creep uses ten round magazines to shoot up a school. Do you expect that the gun grabbers would say “Look how great that magazine limit worked” and stop there? No, they would say “look how great that ten round limit worked, we need to reduce the limit to five rounds.”?


2 posted on 02/28/2021 5:11:33 AM PST by DugwayDuke (Most prefer experts who only say things they agree with.)
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To: DugwayDuke

10 round clips are only legal for Muslim terrorists and gang bangers the law abiding American people no


3 posted on 02/28/2021 5:23:00 AM PST by ronnie raygun
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To: marktwain

"SHALL NOT BE INFRINGED"

What part of "shall not" don't the Maoists understand? What part of "infringed" don't the Maoists understand?

4 posted on 02/28/2021 5:26:19 AM PST by Gay State Conservative (Trump: "They're After You. I'm Just In The Way")
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To: DugwayDuke

“Shall make no law”


5 posted on 02/28/2021 5:28:14 AM PST by bert ( (KE. NP. N.C. +12) History: Pelosi was pitiful vindictive California crone)
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To: marktwain

The 10-round clip argument is ridiculous. A good marksman can replace any clip in a second or two and keep shooting until the gun heats up.


6 posted on 02/28/2021 5:32:00 AM PST by From The Deer Stand
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To: marktwain

They will use the term “common sense” every time they say gun laws. Just like Pelosi (spit) couldn’t say “Bush’s tax cuts” without adding “for the rich”. It’s part of the game. They are pretty sure people who actually believe them are stupid. They are not entirely mistaken in that regard. Look at what they now call “the Equality Act”. With it they intend to codify the idea of allowing grown men to shower with your high school aged daughters and compete against them in sports. Say you’re a girl, and *poof*, you’re a girl, and the color of law will be used to defend your pronouns, the rest of us be damned. Word salad. Just stop it.

And anyone who votes for or supports HR5, the tranny bill, should be shot.


7 posted on 02/28/2021 5:37:05 AM PST by bk1000 (Banned from Breitbart)
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To: marktwain

And how many thousands, maybe millions of these same magazines are in circulation right now such as the 12 round in my 9mm, and have not and will not be used for criminal purposes?

Same lies as always, it’s not about guns it’s about control.

These same people are not concerned about crime, they are letting criminals loose by the thousands. If they intended to reduce or prevent crime, they would be hanging these cretins instead of letting them loose.

Even if what he says is fact, high capacity magazines used in mass shootings, these are a very small fraction of all crimes, and rifles of all types are used in less than 2% of all crimes. So called assault rifles are used in less than a fraction of one percent. Mass shootings are just the most widely publicized, and obviously the most horrible of firearm related crimes.

With overdose rates climbing to insane levels, I don’t see these same people doing a damn thing about the fentanyl coming from china. Instead they applaud the bumbler in chief for cozying up to china.

Illegals crossing the border in droves from countries where they have not been tested for kung flu, and these same people want them here. They applaud the bumbler in chief for sending them into our communities without notifying a soul.

Gas prices had already started going up, the bumbler in chief shut down major pipeline jobs and drove prices even higher, these same people act like he’s here to save the world...gas was 1.79 a gallon 3 days after the election, 2.39 yesterday. And that’s the lowest prices I can find here. (I keep a running gas log in a notebook in the car) That’s 60 cents a gallon since november. 20 of that the past 2 weeks. These same people want to continue the same policies responsible for that.

I’m disgustipated.


8 posted on 02/28/2021 5:42:51 AM PST by Paleo Pete (I survived the great Texas freeze out. I may not survive biden...)
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To: From The Deer Stand
The 10-round clip argument is ridiculous. A good marksman can replace any clip in a second or two and keep shooting until the gun heats up.

The gun-grabbers' response: "Then you have no objection to a 10 round limit. Duly noted."

9 posted on 02/28/2021 5:49:19 AM PST by Yo-Yo (is the /sarc tag really necessary?)
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To: Yo-Yo
Only gun permitted under new Federal restrictions:
10 posted on 02/28/2021 6:01:12 AM PST by littleharbour ("You take on the intel community they have six ways from Sunday at getting back at you" C. Schumer)
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To: marktwain
To give you a sense of Biden's reasoning, he notes that "federal law prevents hunters from hunting migratory game birds with more than three shells in their shotgun."

To quote Henry Bowman from the book Unintended Consequences:
" The Second Amendment in the Bill of Rights is not about duck hunting, any more than the First Amendment is about playing Scrabble.
11 posted on 02/28/2021 6:02:24 AM PST by RandallFlagg (Only a moronic, suicidal group would try a Great Purge 2021 on an armed American. We're ready!)
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To: marktwain

It should, yes.
It won’t.


12 posted on 02/28/2021 6:18:43 AM PST by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem)
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To: littleharbour

13 posted on 02/28/2021 6:20:05 AM PST by Travis McGee (EnemiesForeignAndDomestic.com)
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To: Paleo Pete

***And how many thousands, maybe millions of these same magazines are in circulation right now such as the 12 round in my 9mm, and have not and will not be used for criminal purposes?***

The US military, National Guard, Police number about 2,500,000 men.
VS.
20,000,000 civilian semi-auto rifle owners, and maybe 75 million other firearm owners, and over 400,000,000 firearms out there. 250,000,000 high cap magazines in private hands.

And the government thinks they can “regulate” that?


14 posted on 02/28/2021 6:37:59 AM PST by Ruy Dias de Bivar ((Democrats have declared us to be THE OBSOLETE MAN in the Twilight Zone.))
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To: Paleo Pete

“Same lies as always, it’s not about guns it’s about control.”

I agree. Their objective is turn millions of us into criminals. I don’t believe they have any real desire or expectation to get rid of the guns. Ayn Rand describes it best:

“Did you really think we want those laws observed?” said Dr. Ferris. “We want them to be broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against... We’re after power and we mean it... There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that’s the system, Mr. Reardon, that’s the game, and once you understand it, you’ll be much easier to deal with.”


15 posted on 02/28/2021 6:39:35 AM PST by suthener
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To: marktwain

Democrats never talk about common sense abortion laws.


16 posted on 02/28/2021 6:43:08 AM PST by alternatives? (If our borders are not secure, why fund an army?)
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To: suthener

A better explanation to what is being proposed is not at hand. EXACTLY. They want to turn law biding citizens into felons. See, some dirtbag breaks into your home and terrorizes your family and you blast them with say a glock 19 with with a 15 rd mag, YOU are the felon. The dirtbag becomes the victim of you having an illegal magazine.


17 posted on 02/28/2021 7:00:21 AM PST by Mouton (The enemy of the people is the media.)
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To: Ruy Dias de Bivar

My point exactly. Way tiny fraction of the large capacity mags out there have ever been used for malicious purposes.

And how many bolt, lever action and pump .22 rifles are out there with tube magazines that hold 15 to 17 rounds?

I guess I’ll go to Academy this week and see if they still carry the 12 round mag for my bolt action .22 Marlin. I’ll have me a assault rifle boy howdy!! nyuk nyuk...

Don’t need it, never really wanted one...what do I need 12 rounds for? Last dozen squirrels and armadillos took one shot each. My 75 year old single shot* would actually do the job. But it sure will piss the liberals off...so if they have it in stock it’ll be in my hands next week. I might not even take it out of the package...current mag is 7 rounds, I’ve never used the 2nd shot. Ok yes I did, 4 armadillos in the yard at once...3 of them one round each, one got away before I got get a bead on the critter. Single shot would have been a bad deal.

* Springfield model 15, made 1944 - 1947.


18 posted on 02/28/2021 7:20:54 AM PST by Paleo Pete (I survived the great Texas freeze out. I may not survive biden...)
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To: Paleo Pete

***And how many bolt, lever action and pump .22 rifles are out there with tube magazines that hold 15 to 17 rounds?***

Back in 1989, when California was proposing their AW ban, lever action rifles were also on the list to be banned. Neal Knox spilled the beans on this and got the lever action ban part removed from the bill and the bill shelved.

Then California released Pat Purdy from a mental institution, allowed him to buy guns, passing the waiting period, and then shot up the Stockton School.

The shelved bill was pulled out and passed before any opposition could be mounted against it.


19 posted on 02/28/2021 7:26:58 AM PST by Ruy Dias de Bivar ((Democrats have declared us to be THE OBSOLETE MAN in the Twilight Zone.))
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To: marktwain

In 2019, when the magazine ban was on hold, the magazine companies flooded California with large capacity magazines.

I particularly like the box this one came in for those in California.

https://live.staticflickr.com/65535/48796886786_da57a7703a_z.jpg


20 posted on 02/28/2021 7:30:41 AM PST by Ruy Dias de Bivar ((Democrats have declared us to be THE OBSOLETE MAN in the Twilight Zone.))
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