SAN FRANCISCO, CA – The 9th U.S. Circuit Court of Appeals, based in San Francisco, voted 7-4 on Monday to allow California’s ban on magazines holding over 10 rounds of ammunition to stay in place. The stay allows California to continue limiting magazines to 10 rounds and allowing gun owners to own permanently modified standard capacity magazines, as long as they are ‘blocked’ to a 10-round limit.
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This decision comes as the state challenges a judge’s earlier ruling that the ban was unconstitutional. The ruling was related to a lawsuit brought forth by the California Rifle & Pistol Association and various gun owners against the ban.
U.S. District Judge Roger Benitez had previously sided with the plaintiffs, citing a 2022 U.S. Supreme Court decision emphasizing that gun restrictions should align with the nation’s historical firearm regulation traditions.
However, the 9th Circuit’s majority argued that the law is likely still valid, noting that federal judges have generally supported restrictions on standard capacity magazines after the Supreme Court’s decision.
They emphasized the potential threat to public safety if the ban was lifted.
Four dissenting judges, all appointed by Republican presidents, disagreed with the majority’s stance. U.S. Circuit Judge Patrick Bumatay labeled the court’s perspective on the Second Amendment as “laughably absurd.”
Following the ruling, California Attorney General Rob Bonta expressed relief, emphasizing the court’s consideration of public safety. In contrast, Chuck Michel, president of the California Rifle & Pistol Association, voiced disappointment and vowed to continue their fight to the Supreme Court.