Second Amendment Injunction Against California Ban on Large-Capacity-Magazines Kept in Place by Ninth Circuit

Second Amendment Injunction Against California Ban on Large-Capacity-Magazines Kept in Place by Ninth Circuit

In Duncan v. Becerra , a federal district court had issued a preliminary injunction blocking the enforcement of California’s ban on magazines that fit more than 10 rounds, pending a full trial on the merits. Today, the Ninth Circuit upheld this , in a 2-1 nonprecedential decision, though one that heavily deferred to the lower court’s judgment, and didn’t prejudge the final result after a trial is held and the final judgment is issued and appealed. The majority opinion was written by Judge Randy Smith, joined by visiting District Judge Deborah Batts; the dissent was written by Judge Clifford Wallace. For those who watch such matters, both Judges Smith and Wallace are Republican appointees, as is Judge Roger Benitez, whose decision is being affirmed here; both Judges Smith and Wallace are known as solid conservatives (I can’t speak to Judge Benitez). But the deciding vote on the panel, in favor of upholding the lower court’s decision protecting Second Amendment rights, was cast by a judge who sits in Manhattan, was appointed by President Clinton, and is said to have been "the nation’s first openly LGBT, African-American federal judge." Here is an excerpt from the majority: The district court did not abuse its discretion by granting a preliminary injunction on Second Amendment grounds…. The district court did not abuse its discretion by concluding that magazines for a weapon likely fall within the scope of the Second Amendment. First, the district court identified the applicable law, citing[, among other cases,] Jackson […]

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.