Wednesday, December 01, 2021

NINTH CIRCUIT UPHOLDS CALIFORNIA HIGH CAPACITY MAGAZINE BAN

by Bob Walsh
 
Today an 11-member panel of the Ninth Circuit Court of Appeals overturned the ruling of an earlier 3-member panel on the magazine ban.  The earlier panel had upheld the lower court ruling that the "high capacity" (actually standard factory capacity) magazine ban was unconstitutional.

The 11-member panel voiced the belief that this was only a minor impact on Second Amendment rights and exhibited some magical thinking into the notion that making new possession of those dreaded magazines would somehow lessen the negative impact of mass shooters, who do often use the "high capacity" magazines while committing crimes.  The court somehow believes that making them illegal for honest, law-abiding private citizens will somehow impact the ability of criminals to get the magazines.

The question will certainly be appealed to the Supreme Court, which may actually hear the damn thing.

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