Ninth Circuit en banc ruling allows CA ban on larger magazines to remain in effect during appeals

The San Francisco-based 9th U.S. Circuit Court of Appeals on Monday on a 7-4 vote stayed a judge’s Sept. 22 ruling finding the state’s ban violated gun owners’ rights to keep and bear arms under the Second Amendment.

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The ruling came in a long-running lawsuit by the California Rifle & Pistol Association and gun owners challenging the ban.

U.S. District Judge Roger Benitez in San Diego in siding with them had cited a 2022 decision by the U.S. Supreme Court, New York State Rifle & Pistol Association v Bruen, requiring that firearms restrictions be “consistent with this nation’s historical tradition of firearm regulation” to pass muster.

California Attorney General Rob Bonta, a Democrat, quickly moved to stay that decision, and on Monday, the 9th Circuit’s majority agreed with Bonta that the law likely remained valid even under the conservative-majority Supreme Court’s ruling.

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