The ninth? Really?[Reason] Today the Ninth Circuit Court of Appeals upheld a federal district count injunction against a California law to confiscate firearms magazines that hold over 10 rounds. The Ninth Circuit's 2-1 opinion is here, and the dissent is here. My analysis of the 2017 district court opinion is here.
Background: In 2016, California voters enacted an initiative that, among other things, dispossessed magazine owners of their property. Possession of firearms magazines over 10 rounds was forbidden. Current owners of magazines required to turm them over to the government, or to a gun store, or destroy the magazines, or move them out of state. The ban was to take effect on July 1, 2017.
In late June 2017, Federal District Judge Roger Benitez (S.D. Calif.) issued a preliminary injunction against the confiscation. He found that the plaintiffs had established a liklihood that they would succeed on the Second Amendment and Fifth Amendment claims (the latter involving taking of property without just compensation). The case is Duncan v. Becerra, since Xavier Becerra is Attorney General of California. The case is being litigated by Michel Associates, the leading firearms law firm in California.
