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Omaha Steve

(99,556 posts)
Wed Dec 1, 2021, 07:15 AM Dec 2021

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 California’s 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 state’s ban on magazines holding more than 10 bullets violates the U.S. Constitution’s 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 California’s 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

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Court upholds California ban on high-capacity magazines (Original Post) Omaha Steve Dec 2021 OP
A start. mahannah Dec 2021 #1
It's ammunition in a metal case. So NOT a gun being regulated. How hard is that? Alexander Of Assyria Dec 2021 #2
Good. BumRushDaShow Dec 2021 #3
A positive step pandr32 Dec 2021 #4
I don't see how the 2nd Amendment can mean anything but marie999 Dec 2021 #5
"only the weapons used when the Constitution was signed" EX500rider Dec 2021 #6
Just like how the 1st amendment doesn't cover TV, radio, or the internet. Angleae Dec 2021 #8
Next stop, the Supreme Court. N/t LiberatedUSA Dec 2021 #7

BumRushDaShow

(128,699 posts)
3. Good.
Wed Dec 1, 2021, 01:16 PM
Dec 2021


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.
 

marie999

(3,334 posts)
5. I don't see how the 2nd Amendment can mean anything but
Wed Dec 1, 2021, 03:49 PM
Dec 2021

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)
6. "only the weapons used when the Constitution was signed"
Wed Dec 1, 2021, 04:00 PM
Dec 2021

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.

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