EXCLUSIVE: 22-state coalition, led by Republican attorneys general of Arizona and Louisiana, urges Ninth Circuit Court of Appeals to rule again against California’s controversial attempt to ban major magazines capacity, after the court agreed to reconsider its decision to rule. it is unconstitutional.
“California politicians are here again, convinced that their agendas should trump the constitutional rights of the people,” Attorney General Mark Brnovich, a Republican, said in a statement, announcing the filing of an amicus brief . “Attempts to undermine the Second Amendment or any of our civil rights and freedoms must be greeted with deep skepticism and vigorous opposition.”
THE NINTH CALIFORNIA LIBERAL CIRCUIT TO ACHIEVE FIREARMS RIGHTS, MULL RESINTING A HIGH CAPACITY MAGAZINE BAN
California passed a magazine ban on 10 or more balls in 2016. A ruling by a federal judge declaring it unconstitutional was upheld by a three-judge panel on the Ninth Circuit last year. In February, the court accepted a panel of 11 judges to repeat the case.
“High capacity magazines have been used in many gruesome mass shootings across the country, including right here in California,” California Attorney General Xavier Becerra, a Democrat, said in February. “This is why today’s decision by the Ninth Circuit to repeat this matter is crucial; it is the next step in defending our state’s common sense gun laws.”
All 22 states have filed an amicus brief supporting the gun rights side, claiming it violates Americans’ right to bear guns under the Second Amendment. They say it bans the possession of guns even for self-defense, since magazines that are banned are an integral part of some of the more popular guns.
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“California is trying to turn otherwise law-abiding citizens into criminals simply because they own the magazines that are standard for many of the most popular guns in our country,” Louisiana Attorney General said. , Jeff Landry, in a statement. “As radical left lawmakers in California and beyond persist in their attempts to override our constitutional rights by law, I will continue to firmly defend our right to keep and bear arms.”
The 22 states with Republican attorneys general signed on the amicus brief include Alaska, Georgia, Indiana, Montana, Ohio, South Dakota, Texas, and West Virginia. Oral arguments are expected to begin on the case in June.
States assert that the right to bear arms protects people living in disadvantaged communities and high crime areas where law enforcement may not be able to respond in time to crimes committed.
“California should not be allowed to invade the constitutional rights of its own citizens, and this court should not jeopardize the rights of citizens of this circuit and other states with its analysis,” the brief said.
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California has argued that such a ban is necessary since firearms larger than 10 rounds have been used in a number of mass shootings. California banned the manufacture, sale, and transfer of these magazines in 2000. But in 2016, the state attempted to ban even possession of these magazines.
But it was quashed after the lawsuit, which was started by the National Rifle Association and a coalition of gun owners.
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The review comes as President Biden called on Congress to act on gun control measures – including the ban on high capacity magazines, after shootings in Boulder, Colorado, and Atlanta, Georgia .
Biden urged Congress to ban “assault weapons” as well as high-capacity magazines.
“I did it as a senator. It resulted in mass shootings, we can do it again,” Biden said in a White House address. “We can once again ban assault weapons and high capacity magazines in this country.”
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