California Gun Magazine Ban Block Upheld By Ninth Circuit Panel

California Gun Magazine Ban Block Upheld By Ninth Circuit Panel

A Ninth Circuit panel affirmed a federal judge’s order Tuesday that barred California from enforcing a voter-approved ban on high-capacity gun magazines. Don’t miss a thing. Get breaking KHTS Santa Clarita News Alerts delivered right to your inbox. In Duncan v. Becerra , U.S. District Judge Roger Benitez temporarily blocked a portion of Proposition 63 that prohibits the possession of ammunition magazines holding more than ten rounds of ammunition. A section of Proposition 63 required owners of guns with high-capacity magazines to surrender lawfully purchased property or face criminal prosecution. The ban was originally set to take effect on July 1, 2017, until it was blocked by Benitez. In response, California Attorney General Xavier Becerra appealed to the Ninth Circuit, arguing that Benitez abused his discretion in granting the injunction in favor of Virginia Duncan and the California Rifle & Pistol Association. However, U.S. Circuit Judge Norman Smith and U.S. District Judge Deborah Batts of the Southern District of New York ruled in an eight page, unpublished memorandum that Benitez used the correct level of scrutiny to decide the preliminary injunction. “The district court did not abuse its discretion by concluding that magazines for a weapon likely fall within the scope of the Second Amendment,” the judges said. “[Becerra’s argument] is insufficient to establish that the district court’s findings of fact and its application of the legal standard to those facts were ‘illogical, implausible, or without support in inferences that may be drawn from facts in the record.’” Magazines […]

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