Federal Appeals Court Throws Out California Ban On Large-Capacity Gun Magazines

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The ruling by the 9th Circuit Court of Appeals Friday rolls back California’s ban on the sale of ammunition magazines containing more than 10 bullets.

Seth Perlman/AP

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Seth Perlman/AP

However, Texas District Judge Barbara M. G. Lynn, who also served on the panel disagreed.

In the dissenting opinion Lynn noted that California is not the first city or state to ban the possession of large capacity magazines and several other federal appeals courts have held that various restrictions are constitutional.

Still, the panel appeared sympathetic to the state’s core mission in trying to preserve the law.

«We are keenly aware of the perils of gun violence. The heartbreak and devastation caused by criminals wielding guns cannot be overstated, Lee wrote.

To that end, the court made several recommendations on how the state could achieve that, including imposing waiting periods, requiring microstamping of guns, and forbidding felons, the mentally ill, or those convicted of domestic violence from owning firearms.

California Attorney General Xavier Becerra’s office was disappointed by the ruling, though it remains unclear whether he plans to ask the full court to consider the case or advance the issue to the U.S. Supreme Court.

«We are carefully reviewing the decision, with the goal of protecting public safety, an advisor in Becerra’s office told NPR, adding that the stay on the injunction issued by the district court remains in place.

«The Attorney General remains committed to using every tool possible to defend California’s gun safety laws and keep our communities safe.

Although Friday’s decision rolls back the ban on what are considered highly deadly ammunition magazines, it does not address the greater issue of the constitutional right to own assault-type weapons.

«We do not opine on bans on so-called ‘assault weapons,’ nor do we speculate about the legitimacy of bans on magazines holding far larger quantities of ammunition. Instead, we only address California’s ban on LCMs as it appears before us, the court stated.