The Ninth Circuit Court has upheld a ban in California on high-capacity magazines, a decision that raises concerns about the infringement on the 2nd Amendment rights of Americans.
Breitbart News reported that the United States Court of Appeals for the Ninth Circuit decided to uphold California's ban on "high capacity" magazines. This decision comes after U.S. District Court Judge Roger T. Benitez had previously blocked the enforcement of this ban.
The magazine ban in California has been a topic of contention for years. Judge Benitez had blocked this ban twice, with the first instance occurring on June 29, 2017. He emphasized that the ban could potentially criminalize "otherwise law-abiding" citizens.
Following the initial decision against the ban, the Supreme Court of the United States (SCOTUS) made its Bruen (2022) decision. This decision declared New York's requirement for concealed carry permits as unconstitutional. Judge Benitez referenced this decision when he blocked the magazine ban in 2023.
One of the significant points Benitez highlighted was the lack of historical precedence for such a ban. He stated that there was no American tradition of limiting ammunition capacity. He further elaborated on the historical significance of detachable magazines, which were designed to address the issue of running out of ammunition and the slow reloading process of guns.
Benitez's perspective was that there might be situations where more than ten rounds of ammunition are required to fend off attackers. He expressed concern over the state's stance, which essentially tells citizens that if they need more than ten rounds, it's "too bad."
However, the Ninth Circuit had a different viewpoint. On October 10, 2023, they decided to stay Benitez's decision. The majority, which leans left, argued that the public interest was in favor of the stay. They believed that the public's safety was of paramount importance, especially considering that mass shootings often involve large-capacity magazines.
Interestingly, the Ninth Circuit did not acknowledge that during the Parkland high school shooting on February 14, 2018, the attacker used only ten-round magazines. This fact was highlighted by the National Review, which reported that the attacker had 150 rounds of ammunition in 10-round magazines because larger ones wouldn't fit in his bag.
Another point of contention is the comparison with the 2014 Santa Barbara killing spree. Elliot Rodger, the attacker, used the same magazine capacity that California was trying to limit. After the attack, Santa Barbara County Sheriff Bill Brown revealed that they found 41 "loaded 10-round magazines" in Rodger's car.
The ongoing case regarding this issue is titled Duncan v. Bonta, No. 23-55805, and is being heard in the United States Court of Appeals for the Ninth Circuit.
It's essential to understand that this debate isn't just about magazine capacities. It's about the balance between public safety and individual rights. The question remains: where do we draw the line?
As we reflect on this issue, several key points emerge:
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