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High capacity Mag Ban Overturned in CA by 9th Circuit 3-judge Panel

Flouncer

What the heck it works for me !!
Forum Boss: We can't celebrate yet. If a majority of the Ninth Circuit Judges assents, there could be an En Banc review by the entire Ninth Circuit. In addition, the state of CA can appeal to the U.S. Supreme Court. En Banc Rules: https://www.law.cornell.edu/rules/frap/rule_35

Duncan Becerra -- -9th Circuit 3-Judge Panel Ruling
https://crpa.org/news/

Today the California Rifle & Pistol Association received the much-anticipated ruling in the long-fought Second Amendment case Duncan v. Becerra. This is the same case that led to “Freedom Week” where thousands of Californians were able to lawfully purchase standard capacity magazines much like the rest of the country.

CRPA has been fighting since the 30,000+ member-driven organization filed the case back in 2017, and has led the fight through the courts with the assistance of the National Rifle Association.

Help contribute to this and other fights

Initially won through a positive ruling by the United States District Court in San Diego, the state quickly appealed — and Judge Benitez was forced to stay his ruling to allow the purchase of magazines holding more than 10 rounds of ammunition until the appeal was made to the Ninth Circuit. CRPA’s legal team quickly answered the State’s appeal and presented oral arguments.

“Today’s decision in Duncan v. Becerra is a major victory for the Second Amendment, both in California and across the country,” said Chuck Michel, president and General Counsel of the California Rifle & Pistol Association.

In its case, CRPA demonstrated how prohibiting law-abiding citizens from manufacturing, obtaining, selling, transferring, or even possessing standard-issue magazines for firearms violates the constitution.

“After years of fighting, the Court decided in favor of our plaintiffs’ challenge against the state’s ban on standard capacity magazines that hold more than 10 rounds,” said Michel.

The court noted that the state’s efforts to ban these magazines does not pass the strict scrutiny or intermediate scrutiny tests and is a heavy burden on the Second Amendment rights of Californians.
 
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I hope this is the result of the years of Trump apointments . . . That court needed to be dragged out, tarred and feathered, ridden out of town on a donkey . .. . .
 
Kenneth K. Lee was a Trump appointee, and he wrote the decision. He was one of a panel of three.
 

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