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Appeals Court Upholds California’s Ban on Some Firearm Magazines
7-4 ruling reversed earlier decisions finding that the restriction violated Second Amendment
In Tuesday’s opinion, the majority held that the magazine limit minimally burdened Second Amendment rights.
PHOTO: GEORGE FREY/BLOOMBERG NEWS
A federal appeals court in California on Tuesday upheld the state’s ban on large-capacity firearm magazines, reversing earlier rulings that had found the restriction unconstitutional and giving gun-control advocates a victory at a moment of uncertainty around the scope of Second Amendment rights.
In a 7-4 ruling, the Ninth U.S. Circuit Court of Appeals held that the state’s prohibition on magazines that can carry more than 10 rounds of ammunition was a reasonable and minor restriction on gun rights that aimed to limit the carnage of mass shootings.
“The ban on legal possession of large-capacity magazines reasonably supports California’s effort to reduce the devastating damage wrought by mass shootings,” stated Circuit Judge Susan Graber, a President Bill Clinton appointee who wrote the principal opinion.
A smaller Ninth Circuit panel reached the opposite conclusion last year when it blocked enforcement of the ban. In that earlier 2-1 ruling, the majority of the panel said the large-capacity ban struck at the core of the Second Amendment and doubted it would save lives.
That earlier ruling, which affirmed a lower-court decision, represented the first time a federal appeals court in the U.S. had struck down a state limit on magazine size.
The win for the gun-rights movement was short-lived. The Ninth Circuit, the largest federal appeals court in the country, later voted to vacate last year’s decision and rehear the case before a wider panel of 11 judges.
In Tuesday’s opinion, the majority held that the magazine limit minimally burdened Second Amendment rights. The majority also gave more weight to evidence that outlawing weapons filled with more bullets would curb shootings with mass fatalities.
Four judges dissented, including three appointed by President Donald Trump.
“The majority of our court distrusts gun owners and thinks the Second Amendment is a vestigial organ of their living constitution,” wrote Lawrence VanDyke, who joined the bench last year, in a dissenting opinion.
Democratic California lawmakers in 2016 prohibited possession of large-capacity magazines. Later that year, residents voted to make it a misdemeanor to violate the restriction. A California affiliate of the National Rifle Association and several gun owners sued to block enforcement.
Stop scratching on holidays
Published: June 1, 2012
Off Track Betting in New York State has been racing into a crisis called shrinking revenue. Some people have spitballed a solution: Don’t close on holidays.
New York State Racing Law bars racing on Christmas, Easter and Palm Sunday, and the state has ruled OTBs can’t handle action on those days, even though they could easily broadcast races from out of state.
“You should be able to bet whenever you want,” said Jackson Leeds, a Nassau OTB employee who makes an occasional bet. He added some irrefutable logic: “How is the business going to make money if you’re not open to take people’s bets?”
Elias Tsekerides, president of the Federation of Hellenic Societies of Greater New York, said OTB is open on Greek Orthodox Easter and Palm Sunday.
“I don’t want discrimination,” Tsekerides said. “They close for the Catholics, but open for the Greek Orthodox? It’s either open for all or not open.”
OTB officials have said they lose millions by closing on Palm Sunday alone, with tracks such as Gulfstream, Santa Anita, Turf Paradise and Hawthorne running.
One option: OTBs could just stay open and face the consequences. New York City OTB did just that back in 2003. The handle was about $1.5 million – and OTB was fined $5,000.
Easy money.
The restriction allows owners of large-capacity magazines to modify the devices into compliance, sell them to firearm dealers or store them out of state. The ban also doesn’t apply to active or retired law-enforcement officers.
Chuck Michel, president of the California Rifle & Pistol Association, said the plaintiffs would be appealing to the Supreme Court, saying “gun owners deserve to have someone fighting for them and their rights.”
Stop scratching on holidays
Published: June 1, 2012
Off Track Betting in New York State has been racing into a crisis called shrinking revenue. Some people have spitballed a solution: Don’t close on holidays.
New York State Racing Law bars racing on Christmas, Easter and Palm Sunday, and the state has ruled OTBs can’t handle action on those days, even though they could easily broadcast races from out of state.
“You should be able to bet whenever you want,” said Jackson Leeds, a Nassau OTB employee who makes an occasional bet. He added some irrefutable logic: “How is the business going to make money if you’re not open to take people’s bets?”
Elias Tsekerides, president of the Federation of Hellenic Societies of Greater New York, said OTB is open on Greek Orthodox Easter and Palm Sunday.
“I don’t want discrimination,” Tsekerides said. “They close for the Catholics, but open for the Greek Orthodox? It’s either open for all or not open.”
OTB officials have said they lose millions by closing on Palm Sunday alone, with tracks such as Gulfstream, Santa Anita, Turf Paradise and Hawthorne running.
One option: OTBs could just stay open and face the consequences. New York City OTB did just that back in 2003. The handle was about $1.5 million – and OTB was fined $5,000.
Easy money.
Lawyers for the plaintiffs didn’t immediately respond to a request for comment on the ruling.
“Today’s decision is a victory for public safety in California,” California Attorney General Rob Bonta said in a statement.
Stop scratching on holidays
Published: June 1, 2012
Off Track Betting in New York State has been racing into a crisis called shrinking revenue. Some people have spitballed a solution: Don’t close on holidays.
New York State Racing Law bars racing on Christmas, Easter and Palm Sunday, and the state has ruled OTBs can’t handle action on those days, even though they could easily broadcast races from out of state.
“You should be able to bet whenever you want,” said Jackson Leeds, a Nassau OTB employee who makes an occasional bet. He added some irrefutable logic: “How is the business going to make money if you’re not open to take people’s bets?”
Elias Tsekerides, president of the Federation of Hellenic Societies of Greater New York, said OTB is open on Greek Orthodox Easter and Palm Sunday.
“I don’t want discrimination,” Tsekerides said. “They close for the Catholics, but open for the Greek Orthodox? It’s either open for all or not open.”
OTB officials have said they lose millions by closing on Palm Sunday alone, with tracks such as Gulfstream, Santa Anita, Turf Paradise and Hawthorne running.
One option: OTBs could just stay open and face the consequences. New York City OTB did just that back in 2003. The handle was about $1.5 million – and OTB was fined $5,000.
The majority’s opinion echoed other federal appeals courts that have upheld similar gun restrictions that were enacted after a rash of mass shootings in recent years, including the 2012 Sandy Hook Elementary School massacre.
Tuesday’s ruling comes while the Supreme Court is weighing a possible expansion of gun rights for the first time in more than a decade. The conservative-led court heard argumentsin early November in a case concerning a New York state law that limits the carrying of concealed weapons.
The Supreme Court in 2008 recognized an individual’s right under the Second Amendment to keep and bear arms within one’s home. In that ruling, the high court said the Second Amendment protects an individual’s right to own a gun for self-defense but not “dangerous and unusual weapons.” Justices, though, didn’t fully flesh out the precise scope of constitutional protections.
The Ninth Circuit is also currently weighingthe constitutionality of California’s assault-weapons ban, the state’s age restrictions of firearm purchases by adults under 21, and its background-check requirement for ammunition purchases.
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