SACRAMENTO, Calif. (AP) — A three-judge panel of the 9th U.S. Circuit Court of Appeals on Friday threw out California’s ban on high-capacity ammunition magazines, saying the law violates the U.S. Constitution’s protection of the right to bear firearms.
“Even well-intentioned laws must pass constitutional muster,” appellate Judge Kenneth Lee wrote for the panel’s majority. California’s ban on magazines holding more than 10 bullets “strikes at the core of the Second Amendment — the right to armed self-defense.”
noted that California passed the law “in the wake of heart-wrenching
and highly publicized mass shootings,” but said that isn’t enough to
justify a ban whose scope “is so sweeping that half of all magazines in
America are now unlawful to own in California.”
California Attorney General Xavier Becerra’s office said it is reviewing the decision.
“Until further proceedings in the courts, the stay on the injunction issued by the district court remains in place,” his office said in a statement. “The Attorney General remains committed to using every tool possible to defend California’s gun safety laws and keep our communities safe.”
Becerra did not immediately say if he would ask a larger 11-judge appellate panel to reconsider the ruling by the three judges, or if he would appeal to the U.S. Supreme Court.
He also did not immediately say if the state would seek a delay of the ruling to prevent an immediate buying spree if the lower court lifts its stay.
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