Last summer a three-judge panel of the ninth circuit ruled, in a 2-1 decision, that California’s “high capacity” magazine ban was unconstitutional. As expected, California’s Attorney General immediately appealed the ruling in the case, Duncan v. Becerra, because as the AG said that the time . . .
“Our commonsense gun safety measures here in California have a track record of success in doing what they were meant to do — keep our communities safe,” said Attorney General Becerra. “We disagree with the Court’s initial decision and will continue to use every tool we have to defend the constitutionality of our laws.”
This afternoon, the Ninth’s chief judge, Sidney Thomas has issued a ruling quashing the three-judge panel’s ruling. The case will now be reheard en banc by an 11-judge panel of the Ninth Circuit.
You can read the brief order here.
“We’re excited to have another opportunity to defend what Californians already know – law-abiding citizens’ ability to purchase, possess, and use standard-capacity magazines in California is a fundamental civil right and shall not be infringed.” –Chuck Michel, President, CRPA pic.twitter.com/BF1Ujn9lQT
— CRPA: California Rifle & Pistol Association (@CRPAnews) February 25, 2021