Ninth Circuit Stays Lower Court Ruling, Allows California Magazine Ban to Stand

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The United States Court of Appeals for the Ninth Circuit on Tuesday stayed U.S. District Court Judge Roger T. Benitez’s decision blocking the enforcement of California’s “high capacity” magazine ban.that Benitez blocked the magazine ban for a second time. He first blocked it on June 29, 2017, when herequirement that gun control have a clear line of historical precedence in order to stand, then decided against the ban, as he could not find historical support.

He added, “There have been, and there will be, times where many more than 10 rounds are needed to stop attackers,” Benitez wrote. “Yet, under this statute, the State says ‘too bad.’” …We conclude that the public interest tips in favor of a stay. The public has a compelling interest in promoting public safety, as mass shootings nearly always involve large-capacity magazines, and, although the public has an interest in possessing firearms and ammunition for self-defense, that interest is hardly affected by this stay.

Following Rodger’s attack, Santa Barbara County Sheriff Bill Brown said law enforcement found 41 “loaded 10-round magazines” in Rodger’s car.and a Turning Point USA Ambassador. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010, a speaker at the 2023 Western Conservative Summit, and he holds a Ph.D. in Military History, with a focus on the Vietnam War , U.S. Navy since Inception, the Civil War, and Early Modern Europe. Follow him on Instagram:Tapper to Israeli Amb.

 

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