Домой United States USA — Criminal Federal Appeals Court Strikes Down California's Ban on High-Capacity Gun Magazines

Federal Appeals Court Strikes Down California's Ban on High-Capacity Gun Magazines

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A federal appeals court on Friday struck down California’s ban on high-capacity magazines, saying that the law is illegal because it violates the Second Amendment …
A federal appeals court on Friday struck down California’s ban on high-capacity magazines, saying that the law is illegal because it violates the Second Amendment under the U. S. Constitution. The California law challenged in the case, which was enacted in 2016, bans the possession of large-capacity magazines (LCMs) that hold more than 10 rounds of ammunition. The law also bans the manufacture and imports of LCMs. In a 2-1 ruling, the Ninth Circuit Court found that although the law has a “laudable goal of reducing gun violence” and was passed “in the wake of heart-wrenching and highly publicized mass shootings” it must still comply with the Constitution. “Even well-intentioned laws must pass constitutional muster,” Judge Kenneth Lee wrote in the majority opinion (pdf). “California’s near-categorical ban of LCMs strikes at the core of the Second Amendment—the right to armed self-defense.” The panel said the law imposes a “substantial burden” on the right to self-defense as it makes it criminal for state residents to own magazines that are commonly used with firearms such as Glocks and Berettas. The judges said the law’s scope is “so sweeping” that it blocks Californians from owning half of all magazines in the United States.

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