Explore The NRA Universe Of Websites

APPEARS IN News

California’s Ban on Large Capacity Magazines “Goes Too Far” -- Ninth Circuit Strikes Ban as Unconstitutional

Saturday, August 15, 2020

California’s Ban on Large Capacity Magazines “Goes Too Far” -- Ninth Circuit Strikes Ban as Unconstitutional

In Duncan v. Becerra, a case supported by the NRA, the  United States Court of Appeals for the Ninth Circuit held that California’s ban on the possession of “large capacity magazines”(LCMs) violates the Second Amendment.

The decision affirms a ruling last March by Federal District Court Judge Roger T. Benitez, who ruled, unequivocally, that the California law was unconstitutional.

The panel’s lengthy and considered opinion was written by Judge Kenneth K. Lee, joined by Judge Consuelo M. Callahan. Judge Barbara M. G. Lynn wrote a dissenting opinion, arguing that the California ban was constitutional. 

The case centers on California Penal Code §32310, which prior to 2016, imposed restrictions on the manufacture, importation, sale, transfer, and receipt of magazines capable of holding more than ten rounds. In 2016, the law was amended to add an outright ban prohibiting nearly everyone in the state from possessing such magazines. California residents who owned LCMs were given the option of removing the magazine from the state, selling it to a firearms dealer, permanently modifying the magazine so that it was incapable of holding over ten rounds, or surrendering it to law enforcement for destruction. Failure to do so could result in imprisonment for up to a year.

Judge Lee, who was appointed to the Ninth Circuit by President Trump last year, begins by observing that California’s near-total ban of LCMs “strikes at the core of the Second Amendment –the right to armed self defense. Armed self-defense is a fundamental right rooted in tradition and the text of the Second Amendment.”California’s law not only banned standard-issue magazines for many handguns commonly used for self defense, but made  “half of all magazines in America …unlawful to own in California.”  

Using a two-prong test to determine the constitutional validity of Cal. Penal Code §32310, the court first asked whether the law burdened conduct protected by the Second Amendment; if so, the second inquiry focused on the appropriate level of review (level of scrutiny) to apply in evaluating the law.

Under the first prong, the court found the law did burden protected conduct. LCMs were “arms”protected by the Second Amendment “for a simple reason”–without a magazine, many weapons, including “quintessential”self defense weapons like handguns, “would be useless.”LCMs were neither dangerous nor unusual, and firearms or magazines “holding more than ten rounds have been in existence –and owned by American citizens –for centuries.”LCMs had “never been subject to longstanding prohibitions”on possession or use.

Not only did Section 32310 “strike[] at core Second Amendment rights”by prohibiting LCMs for self-defense within the home, “any law that comes close to categorically banning the possession of arms that are commonly used for self-defense imposes a substantial burden on the Second Amendment.”

Significantly, in the second prong determination of the appropriate level of review, the court selected strict scrutiny, the highest possible level, as the proper standard. Strict scrutiny requires that a state law be narrowly tailored to achieve a compelling interest. While the government interests here were compelling, a “statewide blanket ban on possession everywhere and for nearly everyone”was not narrowly tailored or the least restrictive means. The law failed even if a less demanding level of scrutiny was applied, and for many of the same reasons –a lack of anything approximating a reasonable fit between the restrictions imposed and the government’s asserted objectives. 

Addressing California’s “implicit suggestion that the Second Amendment deserves less protection”than other fundamental rights, the court rejected this outright. The Second Amendment is not some outdated “relic relevant only during the era of Publius and parchments. It is a right that is exercised hundreds of times on any given day”by law abiding Americans, including women fleeing abusive relationships, members of the lesbian, gay, bisexual, and transgender (LGBT) communities who are disproportionately the victims of hate crimes, and communities of color that “have a particularly compelling interest”in exercising Second Amendment rights.”The Second Amendment “provides one last line of defense”when the state cannot or will not “step in to protect them.”“We mention these examples,”declared Judge Lee, “to drive home the point that the Second Amendment is not a second-class right,”nor is “self-defense a dispensation granted at the state’s mercy.”

The ruling is a gratifying one by the Ninth Circuit, a court that, in past rulings, has been not especially protective of the Second Amendment.

It is anticipated that the State of California will seek en banc review of this ruling. Your NRA will keep you updated on the developments in this important case.

TRENDING NOW
NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

News  

Monday, April 15, 2024

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

For quite some time, we’ve talked about Joe Biden and his gift for gaffes. Whether it is him losing battles with his teleprompter, his train of thought spectacularly derailing, forgetting which politicians have passed away, or simply mumbling ...

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

ATF Trafficking Report Reiterates Futility of “Universal” Background Checks

News  

Monday, April 15, 2024

ATF Trafficking Report Reiterates Futility of “Universal” Background Checks

So-called “universal” background checks were back in the news last week. The Biden administration and the regime press were promoting the impression that ATF’s new “engaged in the business” rule closed the non-existent “gun show ...

Invisible Crime and Other “Simple Realities”

News  

Monday, April 15, 2024

Invisible Crime and Other “Simple Realities”

Viewers were reminded of the disturbing disconnect between the Biden Administration and everyday Americans on seeing Pete Buttigieg, the Secretary of Transportation, interviewed on television not too long ago.

Maine: Wednesday: Floor Vote on Classifying Shotguns as "Machine Guns"

Wednesday, April 10, 2024

Maine: Wednesday: Floor Vote on Classifying Shotguns as "Machine Guns"

Senator Anne Carney, Maine's leading gun grabber, is at it again.

Maine: Senate Advances Anti-Gun Bills, Votes on the House Floor are Imminent!

Sunday, April 14, 2024

Maine: Senate Advances Anti-Gun Bills, Votes on the House Floor are Imminent!

Late Friday night, the Maine Senate passed a number of extreme anti-gun bills. These bills included 72-hour waiting periods on firearm purchases and transfers, redefining semi-automatic firearms as "machine guns," and implementing universal background check ...

Maine: Only One Vote Needed to Kill Waiting Periods

Wednesday, April 17, 2024

Maine: Only One Vote Needed to Kill Waiting Periods

If you want to save your Second Amendment rights in Maine, you need you to act NOW. After lengthy debates, the House and Senate passed 72-hour waiting periods by only ONE VOTE in each chamber.

Colorado: Semi-Auto Ban Up For Final Vote in House

Saturday, April 13, 2024

Colorado: Semi-Auto Ban Up For Final Vote in House

HB24-1292 the semi-auto ban passed its second reading yesterday and is scheduled for final vote tomorrow in the House before moving on to the Senate.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.