US Court Strikes Down California’s Ban on Large-Capacity Ammunition Magazines

The US Court of Appeals for the Ninth Circuit threw out California’s ban on high-capacity ammunition magazines that hold 10 or more bullets, saying the law violates the US Constitution’s protection of the right to bear firearms. The court ruling says that “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.” California Attorney General Xavier Becerra has the option of appealing the ruling to the US Supreme Court. -GEG

A federal appeals court on Friday struck down California’s ban on large-capacity magazines (LCMs), labeling it a violation of the Second Amendment in a consequential 2-1 split decision ruling.

The 9th US Circuit Court of Appeals maintained that the state’s ban on magazines holding more than 10 rounds of ammunition breached the core right of law-abiding citizens to self-defend.

The majority said that the ammunition is “typically used for lawful purposes, and are not ‘unusual arms’ that would fall outside the scope of the Second Amendment.”

“Armed self-defense is a fundamental right rooted in tradition and the text of the Second Amendment,” Judge Kenneth Lee wrote for the panel’s majority, consisting of himself and Judge Consuelo Callahan.

Lee specifically noted that the scope of California’s ban “is so sweeping that half of all magazines in America are now unlawful to own in California.”

Judge Barbara Lynn, however, countered in a dissenting opinion that the California ban didn’t represent a violation to residents’ Second Amendment rights.

“The difference between using a handgun versus a rifle for self-defense, for example, is much more significant than the difference between using a magazine that holds eleven rounds versus a magazine that holds ten rounds,” Lynn wrote. “For this reason, the prohibition on LCMs is more analogous to a restriction on how someone exercises their Second Amendment rights, by restricting the number of bullets a person may shoot from one firearm without reloading.”

In 2017, Virginia Duncan and others who owned LCMs filed suit against California Attorney General Xavier Becerra two months before legislation prohibiting the possession of LCMS went into effect, saying it violated their Second Amendment rights.

A district court ultimately ruled in favor of the plaintiffs, saying that California’s ” ‘solution’ for preventing a mass shooting exacts a high toll on the everyday freedom of law-abiding citizens.” Becerra appealed to the Ninth Circuit.

The ruling highlights the divide in the court system over how to treat gun control laws. The Supreme Court recently declined to take up 10 cases related to the Second Amendment, over the expressed concerns of some conservative justices.

Becerra’s office, who could appeal the judgment to the Supreme Court, told CNN in a statement they are reviewing the decision “with the goal of protecting public safety.”

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California’s War on Guns Expands to a War on Ammo Beginning January 2018


A ban on the possession on bullets purchased out-of-state takes effect January 1, 2018.  It also ​will be illegal “to transfer or buy ammo” from anyone other than a licensed dealer within the state.  In 2019, everyone who buys ammunition in California will be required to undergo a background check like those currently required for firearm sales.  [The plan is clear. Rather than direct confiscation of firearms, which is unconstitutional, would-be tyrants are gradually increasing rules, regulations, fees, and restrictions so that, eventually, firearms will be confiscated by assessments and red tape.] -GEG

California’s war on guns will soon broaden to a war on ammunition as a ban on the possession of bullets purchased out-of-state takes effect January 1, 2018.

This is one of many steps going into effect which will quickly place ammunition under controls similar to those which Democrat lawmakers have placed on firearms.

According to the Sacramento Bee, it will also be illegal “to transfer or buy ammo” from anyone other than a licensed dealer within the state, beginning January 1. California residents can order ammunition from a catalog as long as they have that ammunition shipped to a licensed dealer for pickup. The dealer will then add a “processing fee” to the cost of the ammunition.

In this scenario, a “processing fee” is just another tax that law-abiding citizens will pay for the bullets they buy.

Then, in 2019, all ammunition purchasers will be required to undergo a background check like those currently required for firearm sales. That background check will require the law-abiding citizen to “pay a $1 state fee” for the check. That “fee” is yet another tax.

This is how gun control or, in this case, ammunition control, works. First. they limit the supply by passing a law that it is only legal to possess ammunition purchased in California. Then they pass a law narrowing options even further, so that it is only legal to purchase in-state ammunition from a licensed dealer. Then they apply a tax but call it a “processing fee.” And in 2019 they will apply another tax of $1 to help cover the cost of a point of sale background check for law-abiding ammunition purchasers.

Once such fees are in place it is quite easy for state bureaucrats to increase them to cover unforeseen costs. In the end, this will make ammunition cost-prohibitive for poorer families who may live in situations where they need a gun and ammunition worse than anyone.

It should be clear from California’s gun control history that these laws on ammunition are only the beginning. After all, California implemented background checks for firearms then followed that with gun registration requirements and gun confiscation laws.

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