9th Circuit upholds ban on large capacity magazines, overturning SD judge

SAN DIEGO, Calif. (KESQ) - The 9th U.S. Circuit Court of Appeals upheld California's ban on gun magazines that hold more than 10 bullets today, overturning a San Diego federal judge's finding that the law was unconstitutional.  

The ban was originally challenged in a lawsuit brought by firearm advocates who claim it violates the Second Amendment, while the California Attorney General's Office has argued it serves as an obstacle for those seeking to carry out mass shootings. In a majority opinion from an en banc panel of 11 judges, Judge Susan Graber wrote  ``A large-capacity magazine has little function in armed self defense, but its use by mass shooters has exacerbated the harm of those horrific events. Murderers who use large capacity magazines need not pause between shots until they have fired 20, 30 or even 100 rounds. These pauses are crucial.  Victims and law enforcement personnel take advantage of short pauses in firing to flee, take cover and fight back.  A mass shooter's use of large-capacity magazines limits those precious opportunities.''   

Three dissenting judges found that the ban was unconstitutional when applying the Supreme Court ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, in which the court ruled that judges should ensure firearm restrictions are consistent with ``the nation's historical tradition of firearm regulation.''  

The dissenting judges ruled that the Second Amendment protects the possession of magazines that can accommodate more than 10 rounds.   

Thursday's decision overturns a 2023 ruling from U.S. District Judge Roger T. Benitez, who also previously struck down the law in 2017 and has frequently ruled in favor of firearm advocates in similar legal challenges to the state's firearm and ammunition restrictions.

Chuck Michel, president and general counsel for the one of the plaintiffs in the original lawsuit, the California Rifle & Pistol Association, said in a statement issued Thursday, ``This incorrect ruling is not surprising considering the inclination of many 9th Circuit judges to improperly limit the Second Amendment's protections. We will seek review from the Supreme Court immediately.''  

California Attorney General Rob Bonta praised Thursday's ruling and called the ban ``a key component in our efforts to fight gun violence and prevent senseless injuries and deaths and the devastation of communities and families that are left behind in the wake of mass shootings.''

Bonta continued, ``This commonsense restriction on how many rounds a gunman can fire before they must pause to reload has been identified as a critical intervention to limit a lone shooter's capacity to turn shootings into mass casualty attacks. Let me be clear, this law saves lives. Today's ruling is an important win -- not only in this case, but in our broader efforts to protect California communities from gun violence.''