Second Amendment

Surprise: Ninth Circuit Court Upholds 2A Rights

Judges recognize that the Second Amendment is entirely congruent with public safety.

Political Editors · Jul. 23, 2018

In a ruling that can only be described as surprising, the Ninth Circuit Court of Appeals sided with gun rights defenders and issued an injunction that temporarily blocks the enforcement of California’s confiscatory ban on “large-capacity” magazines. In its ruling, the Ninth Circuit decided to uphold the district court’s decision. That opinion reads in part:

Violent gun use is a constitutionally-protected means for law-abiding citizens to protect themselves from criminals. The phrase “gun violence” may not be invoked as a talismanic incantation to justify any exercise of state power. Implicit in the concept of public safety is the right of law-abiding people to use firearms and the magazines that make them work to protect themselves, their families, their homes, and their state against all armed enemies, foreign and domestic. To borrow a phrase, it would indeed be ironic if, in the name of public safety and reducing gun violence, statutes were permitted to subvert the public’s Second Amendment rights — which may repel criminal gun violence and which ultimately ensure the safety of the Republic.

This is indeed good news, even if it’s temporary. It is very likely that California will petition for a wider panel of the Ninth Circuit judges to review this decision, which would likely mean a ruling in the state’s favor. One way or another, it’s very possible that this issue will reach the Supreme Court, making it an opportunity for Brett Kavanaugh to make his mark, assuming he is confirmed.

As David French of National Review notes, “Gun-owners choose large-capacity magazines for good reasons, the same reasons why police carry large-capacity magazines in their service weapons. When a deadly encounter occurs, the amount of ammunition can make the difference between life and death. The state cannot be permitted to take a common means of self-defense from its citizens. Thankfully, even in the Ninth Circuit, confiscation has been held at bay.”

Update July 24: The Ninth Circuit also just upheld a citizen’s right to keep and bear arms in public for self-defense. What’s going on in California?

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