The 9th Circuit Court of Appeals on August 14, 2020 threw out a California law banning high-capacity ammunition magazines. The ruling was a split 2-1 decision, with Chief U.S District Court Judge Barbara Lynn, the third judge on the appellate panel, dissenting. The panel held that the ban violated the Second Amendment.
On Thursday February 25. 2021 that California large capacity-magazine ban was vacated. The San Diego-based case is set to be reviewed by a larger panel of judges. There is no available date for the review of this Ninth Circuit Court of Appeals case #19-55376. Once again all law abiding citizens are punished by another infringement of their Second Amendment rights. This ban infringes on the right to self-defense, and is a restriction on someone exercising their Second Amendment rights.
Criminals don’t care about any bans on magazine capacity or laws about firearm possession. They will use whatever means necessary to carry out their attack on innocents, because they know law abiding citizens are restricted. Lawmakers need to realize that senseless gun control laws only affect the person that needs to defend themselves.
Gun control laws must be written to protect the law abiding citizen and penalize the criminal. Anything else substantially burdens the core right of self-defense guaranteed to the people under the Second Amendment. This magazine ban law should be the case that goes to the Supreme Court. Maybe then we can get a precedent that all State Courts must uphold.
