A three-judge panel of the Ninth Circuit Court of Appeals has upheld a lower court’s decision to halt the implementation of Proposition 63, which was passed by California voters in 2016 and set in motion the prohibition of magazines that hold more than 10 rounds of ammunition.
“This is a stunning smackdown of Lt. Governor Gavin Newsom’s anti-gun agenda,” said Sam Paredes, Executive Director of Gun Owners of California. “This decision is encouraging – especially since this will likely be appealed to the full court.”
In the immediate aftermath of Proposition 63, a legal challenge was initiated (
Duncan v. Becerra – CRPA) that cited violations of the 2nd Amendment, due process, and private property “taking” without compensation. In June of 2017, just days prior to implementation, U.S. District Judge Roger Benitez agreed with the challenge and issued a preliminary injunction, stating that the standard capacity ban undermines the rights guaranteed by the 2nd Amendment and
“amounts to the government taking people’s property without compensation.”
The Judge further stated, “If this injunction does not issue, hundreds of thousands, if not millions, of otherwise law-abiding citizens will have an untenable choice: become an outlaw or dispossess one’s self of lawfully acquired property.” Judge Benitez also made the distinction that the “Constitution is a shield from the tyranny of the majority.”
“These words are as significant this year as they were in 2017, and we fully applaud the Circuit Court of Appeal’s support of Judge Benitez’ that this “law” would have criminalized thousands of citizens who have legally owned high capacity (standard/traditional) magazines,” said Paredes.