The Ninth U.S. Circuit Court of Appeals on Thursday upheld California’s ban on gun magazines that exceed a capacity of 10 bullets, reversing a previous decision by a federal judge in San Diego who deemed the law unconstitutional.
This ban was challenged in a lawsuit by gun rights advocates, who argue that it infringes on the Second Amendment. In contrast, the California Attorney General’s Office contends that the law acts as a deterrent to mass shootings.
In a majority opinion delivered by an en banc panel of 11 judges, Judge Susan Graber stated, “A large-capacity magazine serves little purpose in legitimate armed self-defense, but its use by mass shooters has intensified the severity of their attacks. Assailants equipped with large-capacity magazines can shoot off 20, 30, or even 100 rounds without interruption. These breaks are vital. Victims and law enforcement officers can utilize these brief moments of silence to escape, take cover, or counterattack. The use of large-capacity magazines by mass shooters severely restricts those crucial opportunities.”
Three judges dissented, arguing that the ban is unconstitutional when assessed against the Supreme Court’s ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, which stated that judicial assessments of firearm regulations should align with “the nation’s historical tradition of firearm regulation.”
The dissenting judges maintained that the Second Amendment safeguards the right to possess magazines capable of holding more than 10 rounds.
This recent ruling overturns a 2023 decision from U.S. District Judge Roger T. Benitez, who had previously invalidated the law in 2017 and has consistently sided with gun rights proponents in other legal challenges concerning California’s firearm and ammunition laws.
Chuck Michel, president and general counsel of the California Rifle & Pistol Association—one of the original lawsuit’s plaintiffs—stated on Thursday, “This flawed ruling is not unexpected given the tendency of many judges in the Ninth Circuit to improperly restrict the protections of the Second Amendment. We will seek an immediate review from the Supreme Court.”
California Attorney General Rob Bonta commended Thursday’s ruling, describing the ban as “a crucial element in our efforts to combat gun violence and prevent senseless injuries and deaths, as well as the devastation experienced by communities and families in the aftermath of mass shootings.”
Bonta emphasized, “This sensible restriction on the number of rounds a shooter can fire before needing to reload has been recognized as a vital measure to limit a lone assailant’s ability to carry out mass casualty events. Let me be clear: this law saves lives. Today’s ruling represents a significant victory—not just in this case, but in our broader initiatives to safeguard California communities against gun violence.”
