UNITED STATES: While the state challenges a judge’s determination that it unconstitutionally infringed the rights of gun owners, a divided federal appeals court is allowing California’s prohibition on magazines that hold more than 10 rounds of ammo to remain in force.
A judge ruled that California’s ban on magazines containing more than 10 rounds of ammunition violated gun owners’ Second Amendment rights, but a divided federal appeals court stayed the decision, 7-4, allowing the ban to remain in place.
The California Rifle & Pistol Association and gun owners had been fighting the prohibition in court for a long time when the decision was made.
In siding with them, U.S. District Judge Roger Benitez in San Diego cited the 2022 New York State Rifle & Pistol Association v. Bruen decision, which emphasized that firearm restrictions must align with the nation’s historical regulation tradition.
Democratic Attorney General of California Rob Bonta swiftly moved to stay that decision, and on Monday, the majority of the 9th Circuit Court of Appeals agreed with Bonta that the legislation likely continued to be enforceable even in the face of the conservative Supreme Court’s decision.
The court believes that federal judges have consistently upheld these restrictions, and a change could potentially endanger public safety.
The judges warned of a potential increase in large-capacity magazines in California, similar to mass killings elsewhere. Four judges, appointed by Republican and U.S. Circuit Judge Patrick Bumatay, criticized the court’s handling of the Second Amendment, calling it “laughably absurd” in previous cases.
Benitez had already invalidated the magazine prohibition in 2019, but the 9th Circuit reversed him in 2021. The Supreme Court overturned the appeals court’s decision and mandated fresh trials in accordance with the Bruen ruling.
The decision is seen as a step towards ensuring the public safety of Californians.
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