California's extremely liberal 9th Circuit Court of Appeals on Monday ruled in favor of California, allowing the state's ban on high-capacity gun magazines to remain in effect while the state appeals a federal judge's ruling which found the ban unconstitutional.
In a 7-4 vote, the 9th Circuit stayed a Sept. 22 ruling by US District Judge Robert Benitez in San Diego, who found that the state's ban violated gun owners' rights to keep and bear arms under the 2nd Amendment. Benitez cited a 2022 decision by the US Supreme Court in New York State Rifle & Pistol Association v. Bruen, which requires that firearms restrictions be "consistent with this nation's historical tradition of firearm regulation."
Following Benitez's decision, California AG Bob Bonta (D) moved to stay the decision, which the 9th Circuit's liberal majority quickly did. The Monday ruling applies to a long-running lawsuit brought by the California Rifle & Pistol Association as well as gun owners challenging the ban.
"If a stay is denied, California will indisputably face an influx of large-capacity magazines like those used in mass shootings in California and elsewhere," wrote the 9th Circuit Democrat majority.
The four Republican-appointed judges on the 9th Circuit dissented, including US Circuit Judge Patrick Bumatay, who said the majority's attitude towards the 2nd Amendment was "laughably absurd."
In response to Monday's decision, Bonta's office said it was "relieved that the court considered the public safety of Californians in its decision."
One can join the raging discussion over the decision over at Calguns.net.
