By JEREMY B. WHITE
A federal appeals court on Tuesday upheld California’s ban on large-capacity ammunition magazines, reversing a lower court decision and handing a victory to Gov. Gavin Newsom.
The divided en banc ruling from the 9th Circuit Court of Appeals backed the constitutionality of two California laws banning magazines that can hold more than 10 rounds. The majority opinion bolstered the public safety rationale for the restrictions by noting large-capacity magazines are often used in mass casualty shootings.
“Accordingly, the ban on legal possession of large-capacity magazines reasonably supported California’s effort to reduce the devastating damage wrought by mass shootings,” the majority wrote, adding that the laws do not constitute an illegal government taking because “the government acquires nothing by virtue of the limitation on the capacity of magazines.”
That stance drew the dissent of a trio of judges appointed by former President Donald Trump: Lawrence VanDyke, Ryan Nelson and Patrick Bumatay. They underscored the national stakes by arguing “these magazines are lawfully owned by millions of people nationwide” and warning California’s law applying across America would “require confiscating half of all existing firearms magazines in this country.”
Newsom response: “Weapons of war don’t belong on our streets,” Newsom tweeted. “This is a huge victory for the health and safety of all Californians.”
The background: …
What’s next: The plaintiffs plan to …
That could put the case before the U.S. Supreme Court, where conservative justices wield a 6-3 majority.
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