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California excessive-skill gun magazine ban upheld by federal appeals court

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A federal appeals court handed California Gov. Gavin Newsom a victory Tuesday, upholding a ban on excessive-skill ammunition gun magazines.

The ninth Circuit U.S. Court of Appeals, in a divided 7-4 ruling, wrote that the ammunition ban is “an inexpensive fit for the critical government interest of lowering gun violence.”

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Gov. Gavin Newsom speaks at a recordsdata convention in Oakland, California, on Oct. 27, 2021. (AP Photo/Jeff Chiu, File)

“The statute outlaws no weapon, but entirely limits the dimension of the magazine that may perhaps presumably presumably be former with firearms, and the file demonstrates (a) that the limitation interferes entirely minimally with the core true of self-protection, as there isn’t very any longer any such thing as a evidence that someone ever has been unable to defend his or her dwelling and family as a consequence of the dearth of a colossal-skill magazine,” the ruling states.

The ruling upholds SB 1446 and Proposition 63, every enacted in 2016, that had been applied in conserving with mass shootings. Newsom called the ruling a “gigantic victory.”

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Cerakote-lined 80% decrease receivers for AR-15 rifles are displayed in the marketplace at Firearms Unknown, a gun store in Oceanside, California, April 12, 2021. Unfinished and inoperable so-called “80% receivers” need to no longer legally thought of firearms and carry out no longer require background assessments to purchase in most states, but may perhaps presumably presumably be former to assemble un-serialized “ghost weapons”. (REUTERS/Bing Guan)

The en banc panel of the San Francisco-based mostly court acted after two of three judges on a smaller ninth Circuit panel final One year dominated that the remark’s ban on magazines maintaining more than 10 bullets violates the Constitution’s protection of the true to undergo firearms.

Seven judges on the 11-member ninth Circuit panel had been appointed by Democratic presidents.

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California Gov. Gavin Newsom speaks in San Francisco on Sept. 14, 2021.
(AP Photo/Jeff Chiu, File)

Three Trump-appointed judges dissented in the ruling and argued “these magazines are lawfully owned by tens of millions of folks nationwide,” along with that if a similar law became enacted in every remark it will per chance perhaps presumably presumably “require confiscating half of of all existing firearms magazines on this country.”

Linked Press contributed to this record

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