- The Washington Times - Friday, August 14, 2020

A three-judge panel from the 9th U.S. Circuit Court of Appeals ruled Friday that California’s ban on “large-capacity magazines” ran afoul of the Second Amendment.

The 2-1 ruling reasoned the state’s ban on magazines that hold more than 10 rounds of ammunition went too far and was unlawful.

“California’s law imposes a substantial burden on this right to self-defense. The ban makes it criminal for Californians to own magazines that come standard in Glocks, Berettas, and other handguns that are staples of self-defense. Its scope is so sweeping that half of all magazines in America are now unlawful to own in California,” wrote Judge Kenneth Lee, a Trump appointee, for the court.



The state had banned the possession of long capacity magazines in 2016.

Virginia Duncan, and other individuals who lawfully own long capacity magazines, challenged the law days before it went into effect. A lower court had granted an injunction, reasoning the law likely conflicted with the Second Amendment’s right to bear arms.

Gun rights advocates cheered the ruling.

Alan Gottlieb, the founder of the Second Amendment Foundation, said it is notable the court used strict scrutiny — the highest level of review — when evaluating the Second Amendment legal battle.

“This was a fantastic ruling,” Mr. Gottlieb said. “The court went into considerable detail about the history of magazine development.”

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