California Gets Their Mags!

[Buddhaman]

https://dl.airtable.com/.attachment...9e63a83234/94d604dc/DuncanvBecerraOpinion.pdf

Latest opinion on capacity limits. Looks like Californians are going on a spending spree.

 

[KOPBET]

Hope it holds!

 

[Catt57]

The point of our long march through the history of firearms is this: The record shows that firearms capable of holding more than ten rounds of ammunition have been available in the United States for well over two centuries.7 While the Supreme Court has ruled that arms need not have been common during the founding era to receive protection under the Second Amendment, the historical prevalence of firearms capable of holding more than ten bullets underscores the heritage of LCMs in our country’s history. See Heller, 554 U.S. at 582. Thus, we hold that LCMs are not “unusual” arms. And because LCMs are not “unusual,” we need not opine on their dangerousness under our court’s test.


OPINION
LEE, Circuit Judge:
In the wake of heart-wrenching and highly publicized mass shootings, the state of California barred its citizens from owning so-called “large capacity magazines” (LCMs) that hold more than ten rounds of ammunition. But even well-intentioned laws must pass constitutional muster. California’s near-categorical 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. Indeed, from pre-colonial times to today’s post-modern era, the right to defend hearth and home has remained paramount.
California’s law imposes a substantial burden on this right to self-defense. The ban makes it criminal for Californians to own magazines that come standard in Glocks, Berettas, and other handguns that are staples of self-defense. Its scope is so sweeping that half of all magazines in America are now unlawful to own in California. Even law-abiding citizens, regardless of their training and track record, must alter or turn over to the state any LCMs that they may have legally owned for years —or face up to a year in jail.
The state of California has latitude in enacting laws to curb the scourge of gun violence, and has done so by imposing waiting periods and many other limitations. But the Second Amendment limits the state’s ability to second-guess a citizen’s choice of arms if it imposes a substantial burden on her right to self-defense. Many Californians may find solace in the security of a handgun equipped with an LCM: those who live in rural areas where the local sheriff may be miles away, law-abiding citizens trapped in high-
crime areas, communities that distrust or depend less on law enforcement, and many more who rely on their firearms to protect themselves and their families. California’s almost-blanket ban on LCMs goes too far in substantially burdening the people’s right to self-defense. We affirm the district court’s summary judgment, and hold that California Penal Code section 32310’s ban on LCMs runs afoul of the Second Amendment.

 

[SMS]

This wasn't an en banc hearing of the case. That will likely be the next step and the previous unconstitutional ruling with be overturned by the majority of the 9th.

 

[TedKennedy]

NRA is taking credit for this - I do hope they are legit in that.

Great news in any case!

 

[TedKennedy]

This wasn't an en banc hearing of the case. That will likely be the next step and the previous unconstitutional ruling with be overturned by the majority of the 9th.

Well aren't you a cheerful young whippersnapper.

 

[SMS]

Well aren't you a cheerful young whippersnapper.

Realist? Pessimist? Nihilist? Sometimes Cheerful...

 

[rlongnt]

Hopefully Colorado will be forced to comply as well.

 

[HiredHand]

Hopefully Colorado will be forced to comply as well.

I’ve heard that Colorado’s bam on LCM hasn’t been all that effective. I read that gun shops up there sell magazine repair parts kits that are perfectly legal by the law. What and how you choose to use those parts is on you.

 

[rlongnt]

I’ve heard that Colorado’s bam on LCM hasn’t been all that effective. I read that gun shops up there sell magazine repair parts kits that are perfectly legal by the law. What and how you choose to use those parts is on you.

You are 100% correct. My son lives in Denver. He said many of the shops outside of Denver don't even bother selling them as parts kits anymore. They just ignore the rule.