America’s most liberal court – the Ninth Circuit Court of Appeals – is known for their uber-liberal rulings and their very special hatred of President Trump. Many of their rulings are overturned because they are not constitutional or even sane. But even a broken clock is right twice a day and the Ninth Circuit Court of Appeals finally got one right.
Under California law, any person who possesses a legally purchased a magazine capable of holding more than ten rounds of ammunition must either remove the magazine from the state, sell it to a licensed firearm dealer or hand it over to the police. Those citizens who retained their magazines after the law went into effect are risking a fine or up to one year’s imprisonment in county jail. All of that just changed for the better.
Second Amendment activists were overjoyed this week when the Ninth Circuit Court of Appeals backed a lower court’s decision to suspend California’s ban on the possession of large magazines. That’s right… they came down against California and in favor of g*n rights. I’m shocked over this. The National Rifle Association has ardently argued that the state’s ban on ownership of magazines holding 10 bullets or more is unconstitutional. Which it is. They won a preliminary injunction by a San Diego district court last year and a three-judge panel on the Ninth Circuit backed that injunction last Tuesday.
The court found that the district court did not abuse its discretion in granting the injunction or by concluding that magazines fall within the scope of the Second Amendment. That’s exactly right… again, I can’t believe they ruled the right way on this one and by doing so gave into a big demand by President Trump that the Second Amendment be recognized here. “The district court did not abuse its discretion by applying the incorrect level of scrutiny,” the judges found. “The district court concluded that a ban on ammunition magazines is not a presumptively lawful regulation and that the prohibition did not have a ‘historical pedigree.’”