Appeals Court Rules California’s High-Capacity Magazine Ban Unconstitutional

A panel of three federal judges ruled Friday that California’s ban on gun magazines capable of holding over 10 rounds is unconstitutional.

The three-judge panel of the 9th Circuit Court of Appeals declared the California law violates the constitutional right to bear arms, codified under the 2nd Amendment, the Associated Press reported.

Writing the majority opinion on the case, appellate Judge Kenneth Lee said “Even well-intentioned laws must pass constitutional muster” and said the state’s magazine capacity limit “strikes at the core of the Second Amendment — the right to armed self-defense.”

While the decision is favorable to gun owners wishing to purchase magazines capable of holding more than ten rounds, the court’s decision does not overturn a stay put in place by a lower court, preventing purchases of such magazines while the legal cases continue.

California Attorney General Xavier Becerra’s office told the AP they would fight to keep the state’s magazine capacity laws despite the court’s ruling. It is not clear if Becerra will ask a larger 11-judge panel on the court to reconsider the case, or if he would instead appeal directly to the Supreme Court for a ruling.