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The appeals court on Thursday held that California law banning gun magazines that hold more than 10 rounds of ammunition can be maintained.
The 9th U.S. Circuit Court of Appeals held that the law is permitted under the second amendment because large-capacity magazines are not considered “weapons” or “protected accessories.”
Even if they were, the California ban falls within the national tradition of protecting innocent people, particularly by banning the use of dangerous weapons and regulating the necessary elements for firearms,” the opinion states.
Judge Lawrence Vandice disagreed, including a link to her video she posted to YouTube in dissent.
“This is the first video like this I’ve ever made,” Vandice said. “I share this because a basic understanding of how guns are made, sold, used and modified in general reveals the proposed tests in California and why the tests my colleagues are employed today simply don’t work.”
In the video, Vandyke handles some guns in his room and shows how they were fired with luggage. He also shows a large capacity magazine and claims it is no different from other gun accessories that can be added to a firearm to make it even more dangerous. Under the logic of the majority, he said, he would allow the government to choose to choose one of them and ban them.
Judge Marsha S. Belson criticized Vandice’s video in a different opinion, saying it included “facts other than records,” and essentially appointed him as an expert witness in the case.
The state is in effect as the state appealed the 2023 ruling by a San Diego district court judge was unconstitutional. The ruling came in response to legal action filed by four individuals and challenged the constitutionality of the law under the second amendment by the California Rifle & Pistol Association.
The majority judge said their decision to uphold the law was consistent with the 2022 Supreme Court ruling, which sets new standards that rely more on the historical tradition of gun control, rather than on the public interest, including safety.
California Attorney General Rob Bonta praised the Court of Appeals’ decision.
“This common sense limit on how many rounds a gunman can fire before he has to pause to reload has been identified as a critical intervention that limits the ability of the only shooter to turn the shooting into a massive casualty attack,” Bonta said in a statement. “Let me be clear, this law saves lives.”
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