9th Circuit Sides With NRA, Rules California’s Magazine Ban Unconstitutional

By KAZ Vorpal (Flickr: Declaration of Independence, with Firearm) [CC BY-SA 2.0 (https://creativecommons.org/licenses/by-sa/2.0)], via Wikimedia Commons

The NRA has scored a huge win for gun rights in the 9th Circuit. The decision was led by a Trump-appointed judge and found that California’s ban on magazines with more than 10 round capacities was unconstitutional.

The decision comes from the case of Duncan vs. Becerra.

The NRA filed an Amicus Brief in support of Duncan and argued that the ban is in fact unconstitutional.

The most liberal circuit in the country has ruled this ban unconstitutional and will now put other states around the country on notice if they have similar rules in place.

The Ninth Circuit’s ruling against California’s ban on Large Capacity Magazines says:

We also want to make clear that our decision today does not address issues not before us. We do not opine on bans on so-called “assault weapons,” nor do we speculate about the legitimacy of bans on magazines holding far larger quantities of ammunition. Instead, we only address California’s ban on LCMs as it appears before us. We understand the purpose in passing this law. But even the laudable goal of reducing gun violence must comply with the Constitution. California’s near-categorical ban of LCMs infringes on the fundamental right to self-defense. It criminalizes the possession of half of all magazines in America today.

President Trump has appointed 10 judges to the 9th Circuit this is more than one-third of the circuits active judges. Obama only appointed 7 judges to the circuit over 8 seats and all of Trump’s judges were under 50 at the time of appointment.

This most recent ruling shows the positive effects of Trump’s flip on the circuit is having.

  1. Except the NRA didnt file this suit and has 0 cases in court! Support Gun Owners of America, they actually sue!


    1. Anyone in America can sue for anything, especially lately, including issues already adjudicated by the Supreme Court. The point is that now this decision now rests in adjudicated law and, so, sets a precedent that cannot be overlooked.
      So, yes, a BIG win for the NRA, America’s second amendment and our rights which otherwise seem to be eroding by the day.

  3. It shouldn’t be about who appoints who and how many. Rulings MUST only occur with what the Constitution reflects. Judges must not act based on political affiliations. For some reason the 9th Circuit court was packed with radical liberals who ruled from the bench and their political affiliations. The 9th Circuit court got this one right. There should be no arguments about it. The Democrats always threaten to pack the courts with their radicals if they don’t get the ruling they want. Democrats could care less about the Constitution. For instance there isn’t 1 damn thing in the Constitution that would allow the murder of innocent babies; yet, the court blatantly allows it. Democrats always cry for more gun restrictions when someone gets shot; yet, they could care less about the thousands of aborted babies. I think their hypocrisy stinks to high heaven. Look at their presidential ticket (Biden-Harris) – what a disgrace. The party should be called the Socialist party. God bless America! Vote for freedom and liberty! Vote Trump-Pence…

    1. Haven’t you heard democrats are guided by their feelings not by law,all the constitution is to them is a great big impediment that must be ignored or set aside whenever possible.

    2. I will never again trust the Democratic Party EVER due to their willingness to ignore the constitution and make their own laws from the bench. They want to limit our ability to live AND WANT TO CONTROL OUR LIVES. Their support of abortion and their newest assertion, that abortion should be accessible and legal all the way up to birth is unfathomable and disgusting. It’s murder, pure and simple.

  4. Gov.Garbage Lewdsome uses mexican testicle sweat to slick back his hair. Since the mexicans are illegal so is the sweat. He is guilty of a felony ! I never pay attention to anything Mexifornia makes law…and I live there !

  5. I am assuming that this shoots down NJ’s law also. I’m flabbergasted! I would have never expected a pro-gun owner ruling from the 9th Circuit Court. My 9mm, as purchased, is once again legal. Hooray!!!

  6. I can accept that should a person commit any crime with a gun or rifle, they should lose their right to bear arms. Doesn’t anyone accept the reality that there is no such thing as a assault weapon. If we are talking “military style weapons”, the fact remains that without a person’s finger on the trigger it is still just a weapon. The 2nd Amendment may have broad interpretations of what arms means, it’s main purpose is to protect the citizens from a evil government that in-turn protects them physically. When governments in the US restrict the purchase or ability to own a weapon they are weakening this ability. We are seeing a reality that was expressed decades ago. If you take guns and rifles away from the citizens only the police and and the criminals will have them. When it comes to guns, body guards are private citizens, thus their weapons should not be taken from them as well. If the politicians did not have armed bodyguards for their protection, they would get the message why citizens need their guns.The US Constitution does not mention that politicians can not own guns, as they are still US Citizens. The only way the nation can end gun violence is to make crimes with a gun and convicted punishable for a mandatory sentence. No exceptions. If anyone kills or maims a person in self defense this is not a crime. It is the purpose of having a gun in the first place.

  7. The NRA (meaning the members of the NRA, not LaPierre) did win as a result of this ruling. So did GOA, JPFO, SAF, etc. But so did all the gun owners or future gun owners who don’t belong to an organization. This is a win for the enforcement of the second amendment.


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