A salesperson hold a high capacity magazine because that an AR-15 rifle in ~ a save in Orem, Utah, on in march 25, 2021.George Frey / Bloomberg via Getty Images
SACRAMENTO, Calif. — The 9th U.S. Circuit Court of Appeals i turned down two reduced court judges and upheld California’s half on high-capacity magazines Tuesday in a separation decision that might be headed for the U.S. Can be fried Court.

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“The state outlaws no weapon, but only boundaries the size of the newspaper that might be supplied with firearms,” the judges rule in the 7-4 decision.


The majority reasoned that “the document demonstrates the the limitation interferes only minimally with the core ideal of self-defense, as there is no evidence that anyone ever has to be unable to defend his or she home and also family because of the lack of a large-capacity magazine; and ... That the limitation saves lives.”


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The en banc panel of the san Francisco-based court action after two of three judges on a smaller 9th Circuit panel last year ruled the the state’s ban on magazines holding more than 10 bullets violates the U.S. Constitution’s protection of the best to be affected by each other firearms.

Gunowners" rights teams have to be trying come get firearms cases prior to a an ext conservative U.S. Can be fried Court and also immediately promised to seek the high court"s review.

Seven judges ~ above the 11-member 9th Circuit panel were appointed by autonomous presidents, however the nation"s high court tilted come the right under through appointees by former President Donald Trump.


The three-judge panel had actually backed a judgment by mountain Diego-based U.S. Ar Judge roger Benitez that asserted unconstitutional a state regulation that because 2000 had actually prohibited purchase or marketing such magazines. That legislation barred brand-new sales or imports however let those who had the magazines prior to then store them.

The lower court ruling likewise barred the state indigenous enforcing a voter-approved law that would have barred gun owners from own magazines holding an ext than 10 bullets.


Aside from the result on high-capacity magazine laws in California and also other states, the ruling helps come unjam a roadblock in various other pending cases over the state"s ban on attack weapons.

Everytown because that Gun Safety, a leading team seeking weapons restrictions, stated state officials" very nice of Benitez"s judgment this year throwing out California"s attack weapon constraints was on organize while the 9th Circuit considered the ban on high-capacity magazines.


The attack weapons judgment is also on organize while the appeals court considers the same issues in a various case, whereby a different federal judge upheld the state"s half in 2018.

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Aside indigenous the merits of every case, the appeals court is weighing the legal conventional that court must consider in 2nd Amendment cases. Gunowners groups are positive that the recently much more conservative U.S. Supreme Court will change the legit tests in your favor.