October 16, 2020

Gun News

Federal Appeals Court Blocks California's Ban on High-Capacity Magazines

www.usnews.com

The 9th Circuit Court of Appeals on threw out a California law banning high-capacity ammunition magazines, ruling that the measure violates citizens' constitutionally protected right to bear arms.

The ban, passed in the wake of mass shootings, bars citizens from owning "large capacity magazines" that hold more than ten rounds of ammunition.

"Even well-intentioned laws must pass constitutional muster," Appellate Judge Kenneth Lee wrote for the three-judge panel's majority, ruling that the magazine ban "strikes at the core of the Second Amendment."

"California's law imposes a substantial burden on this right to self-defense... Its scope is so sweeping that half of all magazines in American are now unlawful to own in California," Lee wrote in the ruling.

The ruling was a split 2-1 decision, with Chief U.S District Court Judge Barbara Lynn, the third judge on the appellate panel, dissenting.


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Did You Know?

What is the 'gunshow loophole'?

The law on selling, receiving and possessing firearms is clear. Yet not every individual providing the gun in a transfer requires an FFL, which in turn means that not every buyer is legally subject to a background check. This potentially enables guns to fall into the hands of users who might otherwise not be allowed to own a firearm.

According to the ATF, anyone can sell a gun without an FFL from their home, online, at a flea market or at a gun show as long as he or she is not conducting the sale as part of regular business activity. One example would be someone who sells a firearm from his or her personal collection. Others who are exempt include those giving guns as gifts. Only individuals whose "principal motive" is to make a profit via sale must obtain an FFL.

Commonly referred to as the "gunshow loophole," this ambiguity also explains how a purchase can occur without a background check - and without breaking the law. A 2017 survey by Harvard and Northeastern universities estimates that roughly one in five transactions occur without a background check.

A gun may also be purchased on behalf of a third party as long as it is a gift and as long as the recipient does not violate federal restrictions on gun ownership to the best of the gift giver's knowledge. The same applies to the general transfer of guns. Children younger than 18 may possess guns that were given to them by parents or guardians as gifts provided that they have written permission.


Thanks for reading,

The Editor

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