A three judge panel of the 9th Circuit court of appeals has confirmed a lower courts ruling stating the California ban on standard capacity magazines was unconstitutional.
Judge Roger T. Benitez in the United States District Court for the Southern District of California initially ruled the ban unconstitutional. The ruling in the original case, Duncan vs. Becerra, handed Second Amendment supporters a sweeping victory by completely invalidating California’s 10-round limit on magazine capacity. “Individual liberty and freedom are not outmoded concepts,” he declared.
California Attorney General Xavier Becerra appealed the decision to the 9th circuit, as expected. From the ruling:
“The panel affirmed the district court’s summary judgment in favor of plaintiffs challenging California Government Code § 31310, which bans possession of large-capacity magazines (“LCMs”) that hold more than ten rounds of ammunition; and held that the ban violated the Second Amendment.
See also: Oh FFS!
California and Xavier Becerra face a choice. Either they can accept the three judge panels decision or ask for an en banc hearing. The risk they face is if they ask for an en banc hearing, it could potentially wind up at the Supreme Court.