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California Magazine Ban Challenged

For a long time the Second Amendment has felt like a phrase thrown around in arguments among political talking points, and less of what it actually is: a binding statement foundational to this country. Californians have long endured countless hoops to jump through, and restrictions limiting what they can own, and it's not like we need to say it. But now owning a gun in California is no longer like window shopping. It looks like the California Magazine Ban is about to be over.

california magazine ban ended

The law being challenged is California Penal Code 32310, which made it a crime to own, manufacture, buy, sell, or give away any magazine with a capacity greater than 10. The 9th Circuit decided that the not only was PC 32310 unconstitutional, but ineffective at best, harmful at worst. Now that the case is decided, it can be used as precedent for decisions to come and become grounds for a statute to repeal the California magazine ban.

The 9th Circuit’s decision was made on four key points: first and foremost that Magazines were protected under the Second Amendment. Second, the panel held that the majority of people bought them for legal use. And third, which is icing on the cake:

… the panel held that LCM (Large Capacity Magazines) prohibitions are not longstanding regulations and do not enjoy a presumption of lawfulness.

Duncan v Becerra, 19-55376. Filed 14 August, 2020.

Finally, no evidence supported a claim that owing a larger capacity magazine could be exempt from protection under the Second Amendment.

duncan v becerra

This couldn't come at a better time, as millions of Americans are choosing to take up their rights and responsibilities amidst all the chaos of 2020. T​he Second Amendment is alive and well,​ and for those in California, they finally have some of the courts on their side.

This is not legal advice, and we are not lawyers, but don't have to be one to see that this is good news.

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