A major decision was released today by the 9th Circuit Court of Appeals regarding the Second Amendment. If you weren’t aware, many states limit magazine capacity, with the most common stipulation being nothing over ten rounds. This has been a roundabout way to try to enforce some level of “gun control” in places like California. It’s also an incredibly arbitrary measure. What makes it constitutional to ban eleven rounds but not nine?
Now we have an answer in the form of it being ruled not constitutional at all.
BREAKING: Duncan v Becerra (9th Circuit): 9th Circuit rules that the ban on possession of magazines that hold more than ten rounds of ammunition violates the 2nd Amendment. https://t.co/GxpIC0R7HW pic.twitter.com/DpJDOtKKyL
— Rob (@2Aupdates) August 14, 2020
This ruling has a much wider possible impact than just on magazines. This could also be the precedent to knock down all kinds of arbitrary gun control measures that focus on specific aspects of a weapon.
It should be noted that this will likely go to a full hearing of the 9th Circuit, but it also should be noted that the court is now majority Republican-appointed. If a full hearing brings the same result, then this all but forces Chief Justice John Roberts to stop being a coward and to take this up. Of course, given his previous antics, there’s no guarantee at all Roberts won’t vote with the liberals in any hypothetical ruling on gun rights. To this point, though, the Supreme Court has steadfastly refused to take up any recent Second Amendment cases. With this 9th Circuit ruling so thoroughly quashing a major tool of those trying to set arbitrary limits on firearms, Roberts either has to live with the result, or he has to make a move. We’ll see what he does.
The other thing this ruling does is draw a line in the sand between some of the radical measures Kamala Harris and Joe Biden, if elected, want to take versus what is legally allowed. If having more than ten rounds is constitutional, there’s simply no way a forced gun buyback is going to survive a legal challenge, nor is it likely any “assault weapons ban” would stand. An AR-15 is simply a rifle (and not even an overly powerful one) at the end of the day. While I’d rather Trump just win so we don’t have to wage these battles, it would be interesting to see what a Biden administration would do in the face of this ruling. Watching them get smacked down would certainly be satisfying.
Overall, this is great news for the Constitution and for the rights of Americans everywhere. Lastly, it underscores just how important the Trump presidency and his transformation of the judiciary have been.
(Please follow me on Twitter!!! @bonchieredstate)