Court upholds California ban on high-capacity magazines

SACRAMENTO, Calif. (AP) — The 9th U.S. Circuit Court of Appeals overturned a ruling by two of its judges and upheld California’s ban on high-capacity magazines Tuesday in a split decision that may be headed for the U.S. Supreme Court.

“The statute outlaws no weapon, but only limits the size of the magazine that may be used with firearms,” the court said in the 7-4 ruling.

The majority reasoned that “the record demonstrates that the limitation interferes only minimally with the core right of self-defense, as there is no evidence that anyone ever has been unable to defend his or her home and family due to the lack of a large-capacity magazine; and ... that the limitation saves lives.”

The 11-member panel of the San Francisco-based court acted after two of three judges on a smaller 9th Circuit panel last year ruled the state’s ban on magazines holding more than 10 bullets violates the U.S. Constitution’s protection of the right to bear firearms.

Gunowners' rights groups plan to appeal the ruling to the U.S. Supreme Court. They have been trying to get firearms cases before a high court that tilts more to the right because of appointments by former President Donald Trump.

9th Circuit Judge Patrick Bumatay, who was appointed by Trump, wrote a dissent and said large-capacity magazines are “commonly used" by Americans for self-defense.

“Indeed, these magazines are lawfully owned by millions of people nationwide and come standard on the most popular firearms sold today,” he wrote. “If California’s law applied nationwide, it would require confiscating half of all existing firearms magazines in this country.”

His dissent was joined by two other judges, while a fourth judge wrote a separate dissenting opinion.

The majority decision hinged in part on which legal standard should...