A California federal appeals court is allowing the state’s ban on gun magazines that have more than 10 bullets to remain in effect while the state appeals a lower court’s order striking the measure down.
On Tuesday evening, the U.S. Court of Appeals for the 9th Circuit granted the state’s request to keep portions of California's ban on large-capacity magazines in place after a federal judge declared the ban unconstitutional in September. California Attorney General Rob Bonta appealed the ruling.
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“We are relieved that the court considered the public safety of Californians in its decision to grant our motion and maintain the restrictions on large-capacity magazines pending a decision on appeal,” Bonta said in a statement. “With the stay, California’s restrictions on large capacity magazines — a key component in our efforts to fight gun violence — remain in effect. Californians should know that the purchase, manufacture, or transfer of large-capacity magazines is against the law.”
California's high-capacity magazine ban was struck down by a federal judge in September. District Judge Roger Benitez of San Diego ruled that the state’s ban on ammunition magazines that can hold more than 10 bullets was unconstitutional under the Second Amendment.
Benitez cited the Supreme Court's June 2022 ruling on New York State Rifle & Pistol Association, Inc. v. Bruen, which requires firearm restrictions to be "consistent with this nation's historical tradition of firearm regulation," in his decision.
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Bonta filed an immediate notice of appeal, citing Proposition 63, which was passed by California voters in 2016, and prevents possession of large-capacity magazines.
“In the past half-century, large-capacity magazines have been used in about three-quarters of gun massacres with 10 or more deaths and in 100 percent of gun massacres with 20 or more deaths,” Bonta said. “We will continue to fight for our authority to keep Californians safe from weapon enhancements designed to cause mass casualties. In the meantime, if the Ninth Circuit stays the decision pending appeal, large-capacity magazines will remain unlawful for purchase, transfer, or possession in California.”