Second Amendment: Ninth Circuit Decision on California’s Magazine Ban a Small Victory

The Second Amendment has won a small victory in California, with the Ninth Circuit Court of Appeals striking down as unconstitutional the state’s ban on so-called high-capacity magazines — which, as the court pointed out, is in practice a ban on most of the handgun and rifle magazines sold in the United States, because California defines “high capacity” as eleven rounds.

“It makes unlawful magazines that are commonly used in handguns by law abiding citizens for self-defense,” Judge Kenneth Lee wrote in the majority opinion. “And it substantially burdens the core right of self-defense guaranteed to the people under the Second Amendment.” And, so: “It cannot stand.”

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Kevin D. Williamson

Kevin D. Williamson is a former fellow at National Review Institute and a former roving correspondent for National Review.

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The Second Amendment has won a small victory in California, with the Ninth Circuit Court of Appeals striking down as unconstitutional the state’s ban on so-called high-capacity magazines — which, as the court pointed out, is in practice a ban on most of the handgun and rifle magazines sold in the United States, because California defines “high capacity” as eleven rounds.

“It makes unlawful magazines that are commonly used in handguns by law abiding citizens for self-defense,” Judge Kenneth Lee wrote in the majority opinion. “And it substantially burdens the core right of self-defense guaranteed to the people under the Second Amendment.” And, so: “It cannot stand.”