Please ensure Javascript is enabled for purposes of website accessibility
California Ban on High-Capacity Magazines Gets New Court Review
gvw_ap_news
By Associated Press
Published 4 years ago on
February 26, 2021

Share

A federal appeals court said Thursday that it will reconsider a three-judge court’s split ruling last year throwing out California’s ban on high-capacity ammunition magazines, a decision with potential impact in other states.

An 11-member panel of the 9th U.S. Circuit Court of Appeals will rehear the case after two members of the three-judge appellate panel ruled in August that California’s ban on magazines holding more than 10 bullets violates the U.S. Constitution’s protection of the right to bear firearms.

The third member had said the ruling conflicts with decisions in six other federal appellate courts across the nation, and with a 2015 ruling by a different panel of the 9th Circuit itself.

Advocates on Both Sides Eager for Rematch

Advocates on both sides said they are eager for a rematch — a reflection of the changing nature of the federal courts.

The once notoriously liberal 9th Circuit has shifted to the right with recent appointments by former President Donald Trump, and gun owner rights groups are anxious to get such laws before the more conservative U.S. Supreme Court. However, a majority of the nation’s high court in June declined to consider several challenges to federal and state gun control laws, including Massachusetts’ ban on large-capacity ammunition magazines.

“We’re excited to have another opportunity to defend what Californians already know – law-abiding citizens’ ability to purchase, possess, and use standard-capacity magazines in California is a fundamental civil right and shall not be infringed,” said Chuck Michel, the California Rifle & Pistol Association’s president and general counsel.

State Attorney General Xavier Becerra, who is awaiting confirmation to join new President Joseph Biden’s Cabinet, called the rehearing decision “critical” and “the next step in the defense (of) our state’s commonsense gun laws.”

“Large-capacity magazines have been used in many horrific mass shootings around the country, including right here in California,” Becerra said in a statement.

National Gun Control Group Hopeful

The gun control group Brady, which advocates in Congress and the states, said it is “hopeful” the larger appeals panel will uphold the state’s ban.

“The Constitution, properly understood, should not entitle people to weapons of war, or prevent states from prohibiting military-style firearms or the large capacity magazines they use,” said Jonathan Lowy, the group’s chief counsel.

The two-paragraph announcement from the appeals court vacated the three-judge decision. But a lower court’s ruling in 2017 still prohibits the state from enforcing a law that would have barred gun owners from possessing magazines holding more than 10 bullets, Michel said.

San Diego-based U.S. District Judge Roger Benitez and the three-judge appellate panel went further by declaring unconstitutional a state law that had prohibited buying or selling such magazines since 2000. That law had let those who had the magazines before then keep them, but barred new sales or imports.

RELATED TOPICS:

DON'T MISS

Former Ambassador to Russia McFaul Will Speak at Town Hall

UP NEXT

Trump Claims Biden’s Pardons Were Signed Without His Knowledge Using Autopen

Putin and Trump Will Speak on Tuesday About the War in Ukraine

39 minutes ago

Clovis Father Arrested After Road Rage Shooting, SWAT Standoff With Child in Car

43 minutes ago

Former Ambassador to Russia McFaul Will Speak at Town Hall

Talk about perfect timing. While the Trump administration tries to broke a cease-fire between Russia and Ukraine, a leading expert on Vladim...

13 minutes ago

13 minutes ago

Former Ambassador to Russia McFaul Will Speak at Town Hall

fresno
32 minutes ago

Fresno Woman Killed in Early Morning Pedestrian Crash

A money dispute between acquaintances escalated into a violent robbery, prompting a Tactical Operations callout by Clovis Police, resulting in the arrest of .James Johnson, 46, of Clovis, and Nathan Medina, 36, of Fresno. (Clovis PD)
35 minutes ago

Clovis Money Dispute Leads to Pistol-Whipping, SWAT Callout

President Donald Trump arrives on Air Force One at Palm Beach International Airport, Friday, March 14, 2025, in West Palm Beach, Fla. (AP/Manuel Balce Ceneta)
39 minutes ago

Putin and Trump Will Speak on Tuesday About the War in Ukraine

Hector Lopez, 35, of Clovis, was arrested after a road rage shooting led to a SWAT standoff, with police later discovering buried firearms and determining his child was in the vehicle during the incident. (Clovis PD)
43 minutes ago

Clovis Father Arrested After Road Rage Shooting, SWAT Standoff With Child in Car

Pro-Palestinian demonstrators occupy the lobby of Barnard College’s main library in Manhattan, on Wednesday, March 5, 2025. Mahmoud Khalil was the public face of pro-Palestinian protests — officials have accused him, without providing details, of leading activities aligned with Hamas, an allegation he has denied. (Marco Postigo Storel/The New York Times)
1 hour ago

What’s Next for Mahmoud Khalil? A Fight to Keep His Case in New York.

A Social Security office in Manhattan on March 16, 2020. The deep cuts at the Social Security Administration could destabilize the program, which keeps millions of people out of poverty, current and former employees say. (Joshua Bright/The New York Times)
1 hour ago

Social Security Employees Warn of Damage From DOGE

Senate Majority Leader Chuck Schumer (D-N.Y.) leaves after speaking with reporters at the Capitol in Washington, March 4, 2025. Schumer, Democrat of New York and the minority leader, on Monday, March 17, 2025, postponed a multicity tour to promote his forthcoming book, citing security concerns amid backlash to his decision to vote with Republicans for a stopgap spending bill to stave off a government shutdown. (Haiyun Jiang/The New York Times)
1 hour ago

Schumer Postpones Book Tour Amid Backlash to Voting With Republicans

Help continue the work that gets you the news that matters most.

Search

Send this to a friend