A Message from the President of Americans Against Gun Violence
September 19, 2020
On August 14, 2020, in a 2-1 decision, a three judge panel of the 9th Circuit Court of Appeals ruled that California’s ban on civilian ownership of large capacity magazines (defined as magazines that hold more than 10 rounds and abbreviated as “LCM’s”) violates the Second Amendment. The ban had been approved by almost a two to one margin by California voters in 2016 as part of Proposition 63, but two days before the law was due to go into effect, the gun lobby challenged the ban as being unconstitutional in the case of Duncan v. Becerra. A district court judge, Roger Benitez, appointed by President George W. Bush, initially granted a temporary injunction against enactment of the ban and later, on March 29, 2019, issued a ruling making the injunction permanent. California Attorney General Xavier Becerra appealed Benitez’s ruling to a three judge panel of the 9th Circuit Court of Appeals, and in 2-1 decision in which a Trump appointee, Judge Kenneth Lee, wrote the majority opinion, and in which a George W. Bush appointee, Judge Consuelo Callahan, concurred, the 9th Circuit Court panel agreed with Benitez that the LCM ban violates the Second Amendment.
Please make a contribution to Americans Against Gun Violence to help overturn this terrible decision. Read on for more details.
The Second Amendment states, in its entirety:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.