Swordsmyth
07-20-2018, 03:52 PM
Second Amendment activists were given a surprise boost this week when the liberal Ninth Circuit Court of Appeals backed a lower court’s decision to suspend California’s ban on the possession of large magazines.
Activists, supported by the National Rifle Association, have argued that the state's ban on ownership of magazines holding 10 bullets or more is unconstitutional. They won a preliminary injunction by a San Diego district court last year, and a three-judge panel on the Ninth Circuit backed that injunction Tuesday.
The court found (https://cdn.ca9.uscourts.gov/datastore/memoranda/2018/07/17/17-56081.pdf) that the district court did not abuse its discretion in granting the injunction or by concluding that magazines fall within the scope of the Second Amendment.
"The district court did not abuse its discretion by applying the incorrect level of scrutiny," the judges also found. "The district court concluded that a ban on ammunition magazines is not a presumptively lawful regulation and that the prohibition did not have a 'historical pedigree.'"
“This is a significant win for law-abiding gun owners in California,” Chris Cox, executive director of the National Rifle Association’s Institute for Legislative Action, said in a statement. “This unconstitutional law criminalizes mere possession of many standard capacity magazines and would instantly turn many law-abiding gun owners into criminals.”
More at: http://www.foxnews.com/politics/2018/07/20/liberal-9th-circuit-surprises-with-pro-2nd-amendment-decision-blocking-california-ammo-ban.html
Activists, supported by the National Rifle Association, have argued that the state's ban on ownership of magazines holding 10 bullets or more is unconstitutional. They won a preliminary injunction by a San Diego district court last year, and a three-judge panel on the Ninth Circuit backed that injunction Tuesday.
The court found (https://cdn.ca9.uscourts.gov/datastore/memoranda/2018/07/17/17-56081.pdf) that the district court did not abuse its discretion in granting the injunction or by concluding that magazines fall within the scope of the Second Amendment.
"The district court did not abuse its discretion by applying the incorrect level of scrutiny," the judges also found. "The district court concluded that a ban on ammunition magazines is not a presumptively lawful regulation and that the prohibition did not have a 'historical pedigree.'"
“This is a significant win for law-abiding gun owners in California,” Chris Cox, executive director of the National Rifle Association’s Institute for Legislative Action, said in a statement. “This unconstitutional law criminalizes mere possession of many standard capacity magazines and would instantly turn many law-abiding gun owners into criminals.”
More at: http://www.foxnews.com/politics/2018/07/20/liberal-9th-circuit-surprises-with-pro-2nd-amendment-decision-blocking-california-ammo-ban.html