Court upholds California ban on high-capacity magazines
Source: AP
By DON THOMPSON
SACRAMENTO, Calif. (AP) The 9th U.S. Circuit Court of Appeals overturned a ruling by two of its judges and upheld Californias ban on high-capacity magazines Tuesday in a split decision that may be headed for the U.S. Supreme Court.
The statute outlaws no weapon, but only limits the size of the magazine that may be used with firearms, the court said in the 7-4 ruling.
The majority reasoned that the limitation interferes only minimally with the core right of self-defense, as there is no evidence that anyone ever has been unable to defend his or her home and family due to the lack of a large-capacity magazine; and ... the limitation saves lives.
The 11-member panel of the San Francisco-based court acted after two of three judges on a smaller 9th Circuit panel last year ruled the states ban on magazines holding more than 10 bullets violates the U.S. Constitutions protection of the right to bear firearms.
FILE - In this Dec. 27, 2012, file photo, a variety of military-style semi-automatic rifles obtained during a buy back program are displayed at Los Angeles police headquarters. The 9th U.S. Circuit Court of Appeals overturned two lower court judges and upheld Californias ban on high-capacity magazines Tuesday, Nov. 30, 2021, in a split decision that may be headed for the U.S. Supreme Court. (AP Photo/Damian Dovarganes, File)
Read more: https://apnews.com/article/us-supreme-court-california-gun-politics-san-francisco-constitutions-4fbd54a8bf0e007a41f7d9793a92d776
mahannah
(893 posts)Alexander Of Assyria
(7,839 posts)BumRushDaShow
(128,699 posts)And that argument that was given by the majority opinion is exactly right. It's not a ban on an actual weapon or even the most widely used ammunition for guns in general.
pandr32
(11,572 posts)marie999
(3,334 posts)only the weapons used when the Constitution was signed, a person can have anything they want including nuclear weapons, or states and the federal government can regulate all weapons.
EX500rider
(10,829 posts)If it said muskets in the Amendment you'd be right, but is says "the right of the people to keep and bear Arms"
Arms change with the times, just like the 1st Amendment does not just cover ink & quill.