California ban on high-capacity magazines reinstated by US appeals court


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Nov. 30 (Reuters) – A divided U.S. appeals court reinstated California’s ban on high-capacity magazines on Tuesday, calling it a reasonable way to try to curb gun violence following a series of shootings nationwide.

By a vote of 7-4, the 9th U.S. Court of Appeals dismissed claims by gun owners that banning magazines containing more than 10 rounds violated their right to bear guns under of the Second Amendment to the US Constitution.

The majority opinion of circuit judge Susan Graber called the 2017 ban “reasonable compliance with the government’s important interest in reducing gun violence” which interferes “only minimally” with the right to freedom. self-defense.

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Tuesday’s ruling is a temporary victory for gun control advocates, as they await a U.S. Supreme Court ruling on a New York law that places strict limits on the carrying of guns in the outside the house. The Supreme Court signaled in oral argument on Nov. 3 that it could repeal the law, while appearing open to gun limits in schools, sports stadiums and crowded public places. It should rule by June.

A lower court judge overturned the California ban in 2019 and a divided three-judge appeals court upheld that decision in August 2020. The appeals court overturned that decision in February so 11 judges could review the dispute.

One of Tuesday’s dissenters, Circuit Judge Patrick Bumatay, said high capacity magazines have been in use for centuries, with millions of copies today, and deserve protection under the ruling. 2008 Supreme Court granting individuals the right to bear arms.

The California Rifle & Pistol Association, which challenged the state’s ban, said it would seek to stay Tuesday’s ruling while it files an appeal to the Supreme Court.

California Governor Gavin Newsom praised the decision.

“Weapons of war have no place in our streets,” the Democratic governor tweeted. “This is a huge victory for the health and safety of all Californians.”

Democratic presidents named the seven judges in Tuesday’s majority, while Republican presidents named all four dissenting judges. The judges issued six opinions totaling 156 pages.

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Reporting by Jonathan Stempel in New York; Additional reporting by Brendan O’Brien in Chicago and David Shepardson in Washington, DC; Editing by Bernadette Baum and Leslie Adler

Our standards: Thomson Reuters Trust Principles.

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