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.
BREAKING NEWS: @NRA scores a HUGE win in California today. The 9th Circuit, led by a Trump-appointed judge, rules that ban on magazines with more than 10 rounds is UNCONSTITUTIONAL.
This case will have repercussions nationwide.
— NRA (@NRA) August 14, 2020
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.