SAF: Ninth Circuit Striking Down California's Large Capacity Ban is a Victory for All Gun Owners

SAF: Ninth Circuit Striking Down California’s Large Capacity Ban is a Victory for All Gun Owners


From the Second Amendment Foundation

The Second Amendment Foundation in the present day is hailing a ruling by a three-judge panel within the 9th Circuit Court of Appeals that held California’s ban on so-called “large-capacity magazines” (LCMs) violates the Second Amendment.

“While this was not our case,” stated SAF founder and Executive Vice President Alan M. Gottlieb, “this is a victory for all gun owners, and the majority opinion reflects our arguments in an amicus brief we submitted along with several other organizations. Most importantly, the panel majority used strict scrutiny to make its determination, and that is a huge milestone.”

The case is called Duncan v. Becerra. The 66-page majority opinion was written by Circuit Judge Kenneth Okay. Lee.

SAF was joined in its amicus transient by the California Gun Rights Foundation, Firearms Policy Coalition, Firearms Policy Foundation, Armed Equality, San Diego County Gun Owners, Orange County Gun Owners, Riverside County Gun Owners, and California County Gun Owners.

In his ruling, Judge Lee noticed, “We understand the purpose in passing this law. But even the laudable goal of reducing gun violence must comply with the Constitution. California’s near-categorical ban of LCMs infringes on the fundamental right to self-defense. It criminalizes the possession of half of all magazines in America today. It makes unlawful magazines that are commonly used in handguns by law-abiding citizens for self-defense. And it substantially burdens the core right of self-defense guaranteed to the people under the Second Amendment. It cannot stand.”

California had banned possession of ammunition magazines that maintain greater than ten cartridges.

“This was a fantastic ruling,” Gottlieb noticed. “The court went into considerable detail about the history of magazine development and essentially follows the logic of our amicus, for which we are all very proud.”

 

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt schooling, analysis, publishing and authorized motion group specializing in the Constitutional proper and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to greater than 650,000 members and supporters and conducts many packages designed to raised inform the general public concerning the penalties of gun management.



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