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BREAKING: Duncan v Becerra (9th Circuit): 9th Circuit rules that the ban on possession of magazines that hold more than ten rounds of ammunition violates the 2nd Amendment.

2 DUNCAN V.BECERRABefore: Consuelo M. Callahan and Kenneth K. Lee, Circuit Judges, and Barbara M. G. Lynn,* District Judge.Opinion by Judge Lee; Dissent by Judge Lynn SUMMARY**Second AmendmentThe panel affirmed the district court’s summary judgment in favor of plaintiffs challenging California Government Code § 31310, which bans possession of large-capacity magazines (“LCMs”) that hold more than ten rounds of ammunition; and held that the ban violated the Second Amendment.The Ninth Circuit employs a two-prong inquiry to determine whether firearm regulations violate the Second Amendment: (1) whether the law burdens conduct protected by the Second Amendment; and (2) if so, what level of scrutiny to apply to the regulation. United states v. Chovan, 735 F.3d 1127, 1136 (9th Cir. 2013)The panel held that under the first prong of the test, Cal. Penal Code § 32310 burdened protected conduct. First, the panel held that firearm magazines are protected arms under

15 thoughts on “BREAKING: Duncan v Becerra (9th Circuit): 9th Circuit rules that the ban on possession of magazines that hold more than ten rounds of ammunition violates the 2nd Amendment.”

  1. So Becerra will appeal for an en banc hearing and the ban will be upheld. For the record, I am a very strong 2A supporter and that’s why I left California after 55 years.

    Reply
    • Nope. Becerra is the judge that pronounced the ban unconstitutional to begin with. It is the state of CA that too his decision to the 9th.

      He will be celebrating.

      Reply
  2. I read the opinion and the dissent, while IANAL the decision is straightforward and very well written.
    Attorney General Basura will undoubtedly appeal to the US Supreme Court, however in my opinion it is extremely unlikely that they will take it up.
    Basura’s job is to protect the wealthy and powerful ( Make sure no one rocks the boat) and do whatever he can to keep the rabble in line.
    Kamala Harris was real good at this, google Kammie/pedophile priests or Kammie/One West Bank.
    California is a one party state and the corruption is pervasive.

    Reply
  3. Damn it, I was wrong.
    An en banc hearing is next.
    A 12 judge panel, Andrew Branca makes it clear that whether or not a majority support 2A is the luck of the draw.
    Maybe so, but I know Governor Noisome and Basura will do their damndest to put their thumbs on the scale.

    May they be gang raped by diseased banana slugs.

    Reply

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