Judges say hi-cap magazines are “commonly owned and typically used for lawful purposes.”
California’s “high capacity” magazine ban was struck down by three judges on the Ninth Circuit Court of Appeals.
The three-judge panel said that because hi-cap magazines are “commonly owned and typically used for lawful purposes,” they would not fall “outside the scope of the Second Amendment.”
According to the ruling:
The panel held that Cal. Penal Code § 32310 did not survive strict scrutiny review.
First, the panel held that the state interests advanced here were compelling: preventing and mitigating gun violence.
Second, the panel held that Section 32310 was not narrowly tailored to achieve the compelling state interests it purported to serve because the state’s chosen method – a statewide blanket ban on possession everywhere and for nearly everyone – was not the least restrictive means of achieving the compelling interests.
For decades, handguns have been routinely designed for so-called “hi-cap” magazines, such as the Browning Hi-Power released in 1935, because many popular rounds, such as the 9mm, are small enough to carry more than 10 in a standard service pistol.
In fact, a plurality of handguns, if not the outright majority, carry more than 10 rounds, a fact that likely attributed to the judges stating that hi-cap magazines are “commonly owned and typically used for lawful purposes.”
In contrast, guns sold in California are usually redesigned to meet the state’s strict standards.
“Look for a couple of things to happen. First, California Attorney General Xavier Becerra will issue a statement decrying the ruling and announcing that it’s a crime against humanity that endangers the lives of all Californians,” reported The Truth about Guns. “He’ll then ask the court for an en banc review of the decision and an order allowing the continued enforcement of the ban while the court considers the case.”
“In the mean time, look for online retailers to open up the floodgates — again — and start shipping magazines that hold more than 10 rounds into the state just as fast as UPS (and their dwindling inventories) will allow.”
The San Franciso-based Ninth Circuit once held notoriety for being home to the most liberal judges in the nation, but President Trump has since appointed at least 51 judges to the court, flipping its ideology.
“Trump has set all records for the number of appellate appointees,” University of Richmond law professor Carl Tobias once said.
How to hoax a pandemic
Leftist mayor Steve Adler goes for a power grab of Austin’s parks
WATCH ALL SHOWS
AUDIO
Click below for original article
