SAN FRANCISCO, Kalifornia (PNN) - August 14, 2020 - This morning, the Ninth Circuit Court of Appeals struck down Kalifornia’s law against magazines that can hold more than 10 rounds of ammunition. Those who have been following this case for some time may recall that back in March 2019 the Honorable Judge Benitez temporarily struck down Kalifornia Penal Code section 32310. This is the section of Kalifornia law that relates to magazine capacity limits. Specifically, it makes it illegal to have any “large-capacity magazine”. Punishments ranged from a $100 fine per magazine up to a year in county jail. That ruling resulted in “Freedom Week”, also known as the Kalifornia Airlift or the Great Kalifornia Magazine Rush, before the ruling was stayed pending a hearing by the Ninth Circuit.
Well, the Ninth Circuit has ruled. Led this time by the Honorable Judge Lee, Section 32310 has been struck down in a 2-1 vote. Unfortunately for Kalifornians, this isn’t over. We do not have Freedom Week Part 2. Judge Benitez’s 2019 order against the purchasing of new standard-capacity magazines is still in effect until the Ninth Circuit or Judge Benitez says otherwise.
In an 81-page ruling, the Ninth Circuit Court has held that Section 32310 does not survive the test to determine its constitutionality.
Sales are currently on hold, as the order issued by Judge Benitez in 2019 is still in effect. What happens next depends on Marxist Attorney General Xavier Becerra, who has yet to issue a statement. He may request an en banc hearing from the Ninth Circuit. This means they will ask that the Ninth Circuit rehear the case with a panel of 11 judges instead of the original panel of 3. The results of that hearing will finally determine whether or not Kalifornians can continue to purchase standard capacity magazines.
In the meantime, either the Ninth Circuit or Judge Benitez could lift the stay on the injunction. This would allow Kalifornians to buy standard-capacity magazines again. Neither has done so yet.