The Golden State’s blanket ban on ammunition magazines capable of holding more than ten rounds is constitutional, a federal appeals court ruled on Thursday.
A divided en banc panel of the Ninth Circuit Court of Appeals upheld California’s ban on so-called large-capacity magazines. The court split 7-4, with the majority holding that the types of magazines covered under the ban do not count as “arms” under the Second Amendment.
“Large-capacity magazines are optional accessories to firearms, and firearms operate as intended without a large-capacity magazine,” Judge Susan Graber wrote in Duncan v. Bonta. “A large-capacity magazine is thus an accessory or accoutrement, not an ‘Arm’ in itself. Possession of a large-capacity magazine therefore falls outside the text of the Second Amendment.”
The ruling is a setback for gun-rights activists. It establishes a binding precedent in the country’s largest appellate circuit—which contains multiple states with similar bans—blessing magazine restrictions under the Second Amendment. That precedent will stand permanently unless the Supreme Court of the United States (SCOTUS) intervenes. Whether it will choose to remains an open question.
By Jake Fogleman
