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9th Circ. Tosses Calif.’s High-Capacity Gun Magazine Ban

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > 9th Circ. Tosses Calif.’s High-Capacity Gun Magazine Ban

9th Circ. Tosses Calif.’s High-Capacity Gun Magazine Ban

Law360 (August 14, 2020, 9:48 PM EDT) — California’s ban on large-capacity ammunition magazines violates the Second Amendment, a split Ninth Circuit panel ruled Friday, siding with a lower court’s decision finding that the state rule grates against gun owners’ constitutional rights.

In the 66-page majority opinion, U.S. Circuit Judge Kenneth K. Lee wrote that California’s Proposition 63, which was enacted in 2016 and prohibited large-capacity magazines holding more than 10 rounds of ammunition, “strikes at the core of the Second Amendment” and imposes a burden on a person’s right to armed self-defense.

Lee, appointed by President Donald Trump in 2019, said California has the ability to enact laws…

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