California AG Vows to Appeal District Court Decision on Large-Capacity Magazines
Press release from the Office of Attorney General Rob Bonta:
[Stock photo of AG Bonta at a previous press conference.]
[Yesterday,] California Attorney General Rob Bonta …issued the following statement in response to a district court decision striking down California’s large-capacity magazine (LCM) ban. The U.S. District Court for the Southern District of California found the large-capacity magazine ban unconstitutional but granted the Attorney General’s request for a stay of the decision to allow the Attorney General to appeal to the U.S Court of Appeals for the Ninth Circuit. At this time, the LCM ban remains in effect. Attorney General Bonta will appeal the decision to the Ninth Circuit and will seek a further stay pending appeal to ensure that these vital public safety protections remain in place to prevent gun-related deaths and injuries in California communities.
“In the past half-century, large-capacity magazines have been used in about three-quarters of gun massacres with 10 or more deaths and in 100 percent of gun massacres with 20 or more deaths,” said Attorney General Bonta. “We will continue to fight for our authority to keep Californians safe from weapon enhancements designed to cause mass casualties. In the meantime, if the Ninth Circuit stays the decision pending appeal, large-capacity magazines will remain unlawful for purchase, transfer, or possession in California. The Supreme Court was clear that Bruen did not create a regulatory straitjacket for states — and we believe that the district court got this wrong. We will move quickly to correct this incredibly dangerous mistake. We will not stop in our efforts to protect the safety of communities and Californians’ rights to go about their business without fear of becoming victims of gun violence, while at the same time respecting the Second Amendment rights of law-abiding gun owners.”
LCMs are firearm magazines that can hold more than 10 rounds of ammunition. They pose a substantial threat to the public and law enforcement because they allow shooters to fire scores of rounds from the same firearm in a short period of time without needing to reload. In California, it has been illegal to manufacture, import, keep or offer for sale, give, or lend LCMs since 2000. It has been illegal to purchase and receive them since 2013. Proposition 63, which California voters passed in 2016, added a ban on the possession of LCMs. In 2017, the district court enjoined the possession ban from taking effect, pending resolution of the Duncan lawsuit. However, the ban on the sale, purchase, manufacture, importation, or acquisition of LCMs remained in effect during the appeal.
In November 2021, an en banc panel of the Ninth Circuit reversed the Duncan decision and upheld the law under the Second Amendment. However, after New York Rifle & Pistol Association v. Bruen was decided in June 2022, the Ninth Circuit granted the Attorney General’s motion to remand the case back to the federal district court. The Attorney General will now appeal the district court’s latest
decision to the Ninth Circuit. Gun violence remains a growing threat to public safety throughout the nation. Mass shootings are on the rise throughout the country and frequently feature large-capacity magazines, causing more deaths and injuries. On average, there are over 110 gun deaths each day and nearly 41,000 each year in the U.S. Guns are the leading cause of death among children and adolescents, with U.S. children being more likely to die from gun violence than in any other comparable country. In 2021, California was ranked as the #1 state for gun safety by Giffords Law Center, and the state saw a 37% lower gun death rate than the national average. According to the CDC, California’s gun death rate was the 44th lowest in the nation and the gun death rate for children is 58% lower than the national average.
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Freedom week was 5 pm on March 30 2019 – 5 pm April 5th 2019. During that time it was legal to buy standard capacity and high capacity magazines. It is a legal grey area now. Some ranges allow them to be used, some do not. Law enforcement will likely confiscate it from you and give you a ticket. Which you might be able to fight in court. This is not legal advice.
Correction, March 29th.
Very telling that the “official” press release from California’s authoritarian Attorney General doesn’t note that magazines with a higher capacity than 10 rounds were not only legal to purchase in 2019, but also that those purchased during that period were legal to possess after that period while it was under State appeal. LEO may confiscate them upon contact with individuals who possess them, but the onus of proof of purchase date was on prosecutors if prosecutors want to pursue that charge.
And the misleading statement that “guns are the leading cause of deaths among children…” I see, has been “expanded to include adolescents, which generally describes people from puberty to 18. If the 18 and 19 year olds included in the Gifford “study” cited are tossed, the statement is untrue. Those numbers account for gun deaths amongst gang members in inner cities which in most cases are ran by the Democrats that produce such drivel. Just data to be manipulated.
i just wonder how many kids need to die in their classrooms for it to be enough to have some minor restrictions like smaller magazines for the automatic weapons? like no guns for people with a record of inappropriate violence, like beating their parnters? how many dead children does it take to make these small sacrifices a reasonable response?
here is where to find data on gun deaths. you will notice they seperate teenagers from little kids.
https://www.gunviolencearchive.org
and guess what, the states with the highest gun deaths are run by republicans in the south eastern us. check your racism and read some facts.
Are you aware of the difference between an automatic weapon and weapons that most Americans can own? Yet, you try to preach about facts?
How do you get racism from my post? Regarding gang members in inner cities? Check your racism if you’re the one assuming all gang members in inner cities are people of color.
I’m not killing kids. How many kids need to die before authorities get criminals off the streets and incarcerated, where they belong?
Those types of laws already exist.
Since you’re the one playing the race card, can you provide statistics regarding the race of the perpetrators of gun violence, especially in the states you reference?
Infringement!
Fellow Patriot,
“BIDEN AIMS TO SIGN ON TO UN’S GLOBAL GUN REGISTRATION TREATY.”
Once a nation signs on, the UN’s goal is to quickly impose “International Small Arms Control Standards” (ISACS) on them. Introductory language already includes:
*** Mandated national “screening” for those seeking to own guns, giving bureaucrats the final say on whether or not you’re “competent” enough to own a firearm;
*** Restrictive licensing for gun and ammo sales, and perhaps even bans on anything from semi-auto rifles to shotguns and handguns;
*** Restrictions on the number of guns and amount of ammo any “properly-licensed” individual may legally own;
*** Bans on magazines holding more than ten rounds; and
*** Bans on owning a firearm for self-defense — unless a citizen can somehow get government approval (which will only happen if you’re “connected” — or paid half-a-million dollars for one of Hunter Biden’s paintings).
Believe me, the United Nations has no intention of slow walking any of this.
To them, your Second Amendment freedoms are a threat to their grand “utopian” designs.
Enemies like Red China are so eager to see every American disarmed, they’re pouring money into the UN “Small Arms Treaty” hand-over-fist.
These sound like great ideas.
Thanks for sharing.
I hope they just run this decision clear up to the Supreme Court and settle it completely.
Bonta is a scumbag. If the system he leads strictly enforced, prosecuted, and pushed for maximum penalties with regard to violations of our many gun laws that are constitutional, we would have less crime and violence. Instead he and his system coddle criminals while simultaneously pushing for more laws to be enforced selectively as they see fit.
Please mask up, the covid massacre has started again. It is flu season once again, I wonder if climate change will alter the flu season,maybe cancel it out.
Nope. Not gonna wear face panties to appease scared people again. The scared people can stay home and peek out their windows at all the smiling faces living and enjoying life. You’ll know who the scared people are when they have a diaper on their face while driving alone.
I shall be ungovernable and very non-compliant.
This artical sites gun deaths. More then half are suicide. So take those off your narative right now. The rest, most are innner city crime and gangs. We have laws to stop that right now, If the AG would do his job and stop bowing to the UN and politics.
Hey! Everyone faux sell their guns. Go to the cemetary, pick a date of birth that works, and “sell” your gun. the pigs from the UN wont know. Get us out of the UN, they are Satans tool
One of your more sickening comments to date.
Suicide by firearm is much more likely to be successful than other means, so guns are still an issue. Brushing off those affected by suicide is deplorable.
Half of the estimated 110 gun deaths per day is still between 50-60 homocides. This is entirely unacceptable and is unparalled in any other post industrialsociety.
And you dismissing the rest as being mostly “inner city crime and gangs” is racist and inaccurate.
Including suicides makes it sound like people are killing each other with a gun more frequently than they really are.
“Racist and inaccurate …” How so? There are poor white youths in the inner cities as well. The only thing racist about the concentration of people of color in America’s inner cities are the Democrat policies that herded them there, starting with LBJ’s Great Society. Baltimore, DC, and Chicago quickly come to mind. Then once they herded POC into these new Democrat plantations in shiny new section 8 housing, Democrats let the buildings crumble around their ears, made changes to welfare rules and eligibility, effectively removing the father from the households, imprisoned the males who had no opportunities or quality education and established the “ovens” (better known as abortion clinics) to entice mothers to murder their unborn children… estimated to be over 20 million black babies aborted (which is just a nice word for murder, infanticide or a “Final Solution”)
You want to jump on the racist trope, look no further than the Democrat party that has systematically murdered, harassed and held down black and Latino Americans in their inner city concentration camps.
And how exactly is a high capacity magazine going to contribute to a suicide?
C’mon man.
How is a high capacity magazine going to contribute to anything?
Human enjoyment. Are you against that?
If that’s what gets you off, seek help.
No worries, I could careless. Just was determining who is against freedom. Thanks.
Simple. When you need to send rounds down range 30, 50 or 100 are much more effective than 10!?
If you can’t hit something with ten shots, you definitely should not own a gun.
What if you want to shoot 12 or 15 or 20 of something?
Lol! Spoken like someone who hasn’t spent many hours at a range. Did it occur to you that well-trained people can hit a target with each and every round in any capacity magazine? And train effectively to do so?
Really ? I find that when a highly trained person is being shot at suppressive fire is normally the correct answer , how many times have you been to a range where the target shoots at you ? Even if bot receiving fire , when placed in a situation where one must shoot first there is a change in blood pressure breathing etc which makes most shoot very differently then they do on a range . After 10 years in the army i can tell you that those that think that training in or at a range verses combat experience or real life first hand firefights are something completely different . If one can suppress the shooter they often do not have to use other weapons to neutralize them. If one wants to count range training as highly trained then why does law enforcement need these large cap mags ? Shouldnt our law enforcement officers be highly trained since they are carrying each and every day these weapons with high cap mags .
On another note i have yet to see any commenter mention that the second is there so that the people can and will be armed to fight or stand up to the over reach of government as stated in the second . Dont you find it funny that the government is the prime driver in attempting to restrict this right ?
As for those that say well the founding fathers never would have imagined modern firearms i say bullshit back in the day private citizens owned their own cannons which today one can not . But i say to those same people did the founding fathers possibly imagined the internet ? And so many people being able to publish their bullshit for all to read when they wrote the first ? I highly doubt it and one could make a strong argument that it is the way people speak to each other which leads to people killing each other . Maybe instead of taking guns away we should place more limits on what people say to each other and are able to publish
Thank you for your service. Sorry you were triggered. Check that blood pressure when you get a chance. Sounds to me there are some fundamental differences between Army training and Marine Corps training.
Especially since training isn’t combat.
Barney Fife only needed one bullet.
Good luck if with ten shots, if 15 wild pigs are rooting up your land.
I want to kill them all.
Pigs and water don’t mix.
Same goes for if a large pack of dogs out running and killing, tearing up the cattle or deer, etc., in the middle of the day or night.
When coyotes do the same thing and come screaming and carrying on like Banchees through your yard
it’s blood curdling, literally and figuratively.
They will do this, en mass, when the wild turkeys are freshly hatching.
If you don’t understand that a high capacity magazine could be very useful, like you say with the vaccine, it’s simple, just don’t get one.
Other people, like you with the vaccine, might decide that they need one.
Then I guess there’s no reason for police or the military to have Standard capacity magazines either.
Can you name one law That would be prevented from being broken by not allowing law-abiding citizens standard capacity magazines?
Fentanyl? Cartels? Human sex slavery trafficking? Child trafficking. Organ trafficking. Mass border invasion? Incoming tuberculosis? Malaria? Dengue broke bone fever? Ripoffs? Chinese spies? Wuhan shots? Industrial/food/chemical plant explosions? East Palestine? Lahaina? Bureaucrats? Gun magazine capacities are way down on the list, way down……
Lions… tigers… bears… oh my!
Including suicides makes it sound like people are killing each other with a gun more frequently than they really are.
“Racist and inaccurate …” How so? There are poor white youths in the inner cities as well. The only thing racist about the concentration of people of color in America’s inner cities are the Democrat policies that herded them there, starting with LBJ’s Great Society. Baltimore, DC, and Chicago quickly come to mind. Then once they herded POC into these new Democrat plantations in shiny new section 8 housing, Democrats let the buildings crumble around their ears, made changes to welfare rules and eligibility, effectively removing the father from the households, imprisoned the males who had no opportunities or quality education and established the “ovens” (better known as abortion clinics) to entice mothers to murder their unborn children… estimated to be over 20 million black babies aborted (which is just a nice word for murder, infanticide or a “Final Solution”)
You want to jump on the racist trope, look no further than the Democrat party that has systematically murdered, harassed and held down black and Latino Americans in their inner city concentration camps.
This guys an asshole, it’s already illegal for criminals to possess guns ammo and magazines, all this stupid ban did was make sure a law abiding citizen are ALWAYS at a disadvantage in any defense situation it’s just plain wrong.
Piss off Bonta. Newsom, you can piss off too. Take your cartels and gangs with you. We are staying well armed.
The level of virtue signaling from our government is staggering. If they actually gave a s*** about children or gun deaths they would do something about gang violence And drug abuse.
I would LOVE to hear such strongly worded rhetoric directed toward the actual source of most violence crime in the US, gun or otherwise.
Never happen though because, you know, it occurs in democrats controlled cities.
Until this clown and other actually work to address the issue at its root those of us who value our right, along with the Firearm Policy Coalition, Gun Owners of America, and even the NRA will continue to tell them to pound sand with their fear mongering lies.
Would also love for Kim to report in a non-partisan fashion. And maybe report on actual local crime.
For example: The frequent theft of firearms that is ignored by all media outlets.
THAT would be helping address the “gun violence epidemic/emergency/fear mongering.”
It’s a press release. She posts these verbatim all the time.
She also posts letters to the editor. Maybe you could write one demanding that all guns should be stored in a locked container to prevent thefts.
Maybe we should store thieves in a locked container, instead of making excuses for them and putting them back on the street before LEO can even finish the paperwork.
I think it would be much more effective to store democrat politicians in locked containers. Once it’s full, ship to China so they can experience the type of government they’re trying to instill here.
Doing both would be even better.
?????
I would love to feature as many diverse viewpoints as possible.
Does a lock container include your locked car or your locked house? How many f****** lock containers does the gun needs to be in before it’s the criminals fault and not the gun owners when it gets STOLEN…
I don’t believe I ever said anything that lets thieves off the hook.
It was merely a simple, common sense suggestion to address the concern SoS brought up.
No but you definitely implied that it’s partially gun owners fault for their guns being STOLEN out of their houses and cars. So how many lock containers are required for it to be common sense? It would be interesting to see statistics on how many burglaries are thwarted because of a locked containers in a locked house.
So this is just going to go endlessly back and forth between the 9th circuit court and appeals court…