Appeals court upholds California’s limit on gun magazine capacity

The 9th Circuit U.S. Court of Appeals delivered gun-rights advocates a direct blow this week.

According to the Washington Examiner, the decision upheld a California law restricting the capacity of firearm magazines.

“Typically possessed for lawful purposes”

In the 7-4 ruling, a majority found that the prohibition of magazines capable of holding more than 10 rounds was not unconstitutional. They wrote that the ban “interferes only minimally with the core right of self-defense, as there is no evidence that anyone has ever been unable to defend his or her home and family due to the lack of a large-capacity magazine.”

The four judges in the minority, however, disputed that claim.

Judge Patrick Bumatay, for example, insisted that the restrictions did not pass constitutional muster, explaining: “These magazines are lawfully owned by millions of people nationwide and come standard on the most popular firearms sold today.”

He went on to add that law-abiding Americans are afforded a constitutional right “to keep and bear arms typically possessed for lawful purposes.”

Furthermore, Bumatay argued that if similar laws were to be passed in states across the nation, it would “require confiscating half of all existing firearms magazines in this country.”

“Like a second-class gift”

Of course, plenty of liberal leaders across California are celebrating the split decision in their favor.

Democratic Gov. Gavin Newsom tweeted: “Weapons of war don’t belong on our streets. This is a huge victory for the health and safety of all Californians.”

California Rifle & Pistol Association President Chuck Michel echoed the frustration of pro-gun advocates across the state, asserting that the decision treats the Second Amendment “like a second-class gift” from the federal government.

He vowed that his organization would continue fighting against the statewide ban and would take the matter as far as the Supreme Court if necessary. The nation’s highest court is already set to weigh in on the issue of gun control with its decision in a challenge to New York’s restrictive laws on gun possession.

Justice Brett Kavanaugh was among the court’s conservative members who questioned that state’s reluctance to issue permits to gun owners, asking: “Why isn’t it good enough to say, ‘I live in a violent area and I want to defend myself?'”

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