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California Magazine Law Found Unconstitutional, Overturned 2-1

The NRA tweeted out their victory today as the  U.S. Court of Appeals for the Ninth Circuit claimed that California’s magazine law was unconstitutional. 

 Text | The Raging Patriot

This overturns the current law for large-capacity magazines stating that “Manufacture, importation, keeping for sale, offering and exposing for sale, giving,  lending, and possession” of a magazine over 10 rounds, was illegal. 

The Giffords Law Center gives the reason for this law.

“Large capacity ammunition magazines are a common thread in many high-profile mass shootings in the United States. Because shooters with such magazines can fire at large numbers of people without taking the time to reload, those in the line of fire do not have a chance to escape, law enforcement does not have the chance to intervene, and the number of lives shattered by acts of gun violence increases dramatically.”

Giffords Law Center

Trump-appointed Judge Kenneth Lee spoke up against those claims, saying that, even if true, American’s rights needed to be preserved. 

“Even well-intentioned laws must pass constitutional muster. [The banning of certain magazines] strikes at the core of the Second Amendment — the right to armed self-defense.”

Judge Kenneth Lee

The unexpected cry of Judge Lee, was his plea to protect minorities. He insisted that the existence of racist organizations such as the Ku Klux Klan could only be stopped by well-armed minorities. He also mentioned the lack of trust in law enforcement during this time of riots required citizens to be able to protect themselves; whether it be from mistrust or location. 

“While Hollywood and the Bay Area symbolize California to the world, the Golden State is in fact a much more diverse and vibrant place, with people living in sparsely populated rural counties, seemingly deserted desert towns, and majestic mountain villages. In such places, the closest law enforcement may be far, far away — and it may take substantial time for the county sheriff to respond. And it is no guarantee that the things that go bump in the night come alone; indeed, burglars often ply their trade in groups recognizing strength in numbers.”

Judge Lee

Judge Consuelo Callahan, appointed by President George W. Bush, voted with Lee. Judge Barbara Lee voted against. It passed 2-1.

California Attorney General Xavier Becerra was not happy with the outcome and is reviewing the decision.

“Until further proceedings in the courts, the stay on the injunction issued by the district court remains in place,” Becerra“Until further proceedings in the courts, the stay on the injunction issued by the district court remains in place,” 

Attorney General Xavier Becerra

This is likely to prevent a large number of sales that can not be recalled or commandeered if they are able to reverse the ruling. 

It is likely that he will either appeal to an eleven-member court or directly to the Supreme Court. 

This will likely have a large impact on rulings across America. Eight states, as well as D.C., still have a ban on large-capacity magazines. 

Court Document