US Appeals Court Reinstates California Ban on High-Capacity Magazines

A divided U.S. appeals court on Tuesday reinstated California's ban on high-capacity magazines, calling it a reasonable means to support the state's effort to reduce gun violence, including mass shootings.

By a 7-4 vote, the 9th U.S. Circuit Court of Appeals rejected claims by gun rights advocates that the 2017 ban on magazines with more than 10 rounds of ammunition violated their right to bear arms under the U.S. Constitution's Second Amendment, and was an unconstitutional taking.

A three-judge panel of the same court had in August 2020 sided with a lower court judge who struck down the ban, saying it was "well-intentioned" but interfered with the constitutional right to armed self-defense.

The appeals court set aside that ruling in February, so the dispute could be considered by an 11-judge panel.

Circuit Judge Susan Graber wrote for Tuesday's majority that the ban was a "reasonable fit for the important government interest of reducing gun violence," and interfered "only minimally" with the right to self-defense.

Lawyers for opponents of the ban did not immediately respond to requests for comment. The office of California Attorney General Rob Bonta, which defended the ban, did not immediately respond to a similar request.

Democratic presidents appointed the seven judges in Tuesday's majority, while Republican presidents appointed the four dissenting judges.