The state of California argues that the district court erred by granting summary judgment for the Owners. We disagree with the government’s position, and we affirm. California Penal Code section 32310 severely burdens the core of the constitutional right of law-abiding citizens to keep and bear arms. The statute is a poor means to accomplish the state’s interests and cannot survive strict scrutiny. But even if we applied intermediate scrutiny, the law would still fail.
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
VIRGINIA DUNCAN; RICHARD LEWIS; PATRICK LOVETTE; DAVID MARGUGLIO; CHRISTOPHER WADDELL; CALIFORNIA RIFLE & PISTOL ASSOCIATION, INC., a California corporation, Plaintiffs-Appellees, v. XAVIER BECERRA, in his official capacity as Attorney General of the State of California, Defendant-Appellant
August 14, 2020
[Great news out of the ninth circuit. The case is about the constitutionally of bans on normal capacity magazines. This is the second time this case has been decided in our favor. See also these posts about the first time.
Almost for certain there will be a motion for en banc rehearing. “And as the Hawaii open carry case demonstrates, CTA is perfectly willing to sit on such requests for, quite literally, years.”—Joe]