[Sign Up Now] to Receive Our FREE Daily SCVTV-SCVNews Digest by E-Mail

Inside
Weather
Santa Clarita CA
Sunny
Sunny
76°F
 
Calendar
Today in
S.C.V. History
March 25
1889 - Castaic School District established [story]
Castaic siding


By Maria Dinzeo, Courthouse News

SACRAMENTO – California’s ban on the possession of high-capacity gun magazines passes constitutional muster, a federal judge has ruled, though he gave the gun owners a fourth opportunity to make their case.

In his decision Wednesday, U.S. District Judge William Shubb also said the law doesn’t violate gun owners’ equal protection rights just because it exempts large-capacity magazines used as props in film and television.

“The court cannot know for certain why this exemption was included,” Shubb wrote in a 23-page opinion issued Wednesday. “Nevertheless, the California electorate could have rationally believed that large capacity magazines used solely as props were not at risk of being used in mass shootings and that such an exception would benefit an important sector of the California economy.”

The measure, Senate Bill 1446, is one of several gun-related bills passed by the California Legislature and signed into law by Gov. Jerry Brown in 2016 to reduce the likelihood of mass shootings in California by banning the possession of gun magazines that hold more than 10 bullets.

While lawmakers in 1999 prohibited the sale, manufacture or importation of high-capacity ammunition magazines – but let those who owned them before that point keep them – SB 1446 forced gunowners with “grandfathered” magazines to turn them in for destruction by July 1, 2017, or face legal consequences.

In November 2016, voters also passed the corresponding Proposition 63, which requires anyone who owns a large-capacity magazine to do one of three things: move it out of state, sell it to a licensed firearms dealer, or surrender it to a law enforcement agency to be destroyed.

This past April, CalGuns Foundation, Firearms Policy Coalition, Firearms Policy Foundation and the Second Amendment Foundation challenged the ban along with seven individuals, including veterans and a retired police officer.

Shubb declined to issue a preliminary injunction in June, and on Wednesday granted the state’s motion to dismiss. He found the law’s requirements do not constitute a taking of private property for government use because there are alternatives to turning the guns into law enforcement.

“The ban does not require that owners turn over their magazines to law enforcement – they may alternatively sell the magazines to licensed gun dealers, remove them from the state, or permanently modify the magazines so that they no longer accept more than 10 rounds. The impracticality of any particular option, such as the alleged lack of a market for these magazines, the burden in removing these magazines from the state, or the lack of guidance on what constitutes a permissible permanent modification does not transform the regulation into a physical taking,” he wrote.

Shubb also rejected the argument that modifying the magazine to hold no more than 10 rounds destroys its functionality, “given that plaintiffs do not allege that owners of these magazines will not be able to use their modified magazines, which would then simply have a lower capacity than before the modification.”

The groups had also argued the law doesn’t do much to prevent mass shootings, but Shubb said it does enough, since the government only has to show a reasonable fit between the ban and its stated intent.

“There can be no serious argument that this is not a substantial government interest, especially in light of the mass shootings involving large capacity magazines, including the 2012 Aurora movie theater shooting and the 2012 Sandy Hook school shooting, which were discussed in Proposition 63,” he wrote.

He said the state’s interest in preventing mass shootings will be less successful absent the ban.

“Because of this reasonable fit, plaintiffs have not sufficiently alleged that the large capacity magazine ban fails intermediate scrutiny, and the court will dismiss the Second Amendment claim.”

In a phone interview Thursday, the groups’ attorney George Lee said he disagreed with Shubb’s finding that the law passes intermediate scrutiny.

The intermediate scrutiny test requires that the law must further an important government interest, and must also do so by means “substantially related” to that interest.

“We obviously disagree that the government can simply show it has some interest in the absence of showing that the remedy will actually have a measurable effect on what the perceived harm is,” Lee said. “The government needs to provide some evidence that there is an actual problem and that their remedy will meaningfully address that problem. There simply is no evidence to show that is the case.”

Lee said that in its attempt to obtain a preliminary injunction last year, his clients showed that even if mass shootings are a problem in California, 20-year-old large-capacity magazines certainly aren’t the motivating force behind them.

“There’s no evidence that any of those magazines are actually used in mass shootings,” he said. “We have shown through looking at some major databases that large-capacity magazines aren’t usually used and when they are used, they certainly aren’t that old.”

Lee pointed to the 2015 mass shooting that killed 14 people in San Bernardino, saying while the perpetrators of the attack used large-capacity magazines, they imported them illegally from another state.

“If there is a problem as far as mass shootings is concerned, certainly law-abiding citizens who have owned these magazines for 20 years is not the problem,” Lee said.

Lee said he is “pursing the idea of an appeal.”

Shubb gave the gun owners 20 days to file a third amended complaint “if they can do so consistent with this order.”

Attorney General Xavier Becerra’s office also did not respond for an email seeking comment.

In other gun-related news in California, a state appeals court on Thursday revived a challenge to the state Department of Justice’s rule barring curio and antique gun owners from purchasing more than one gun in a 30-day period.

The Third Appellate District found the department was not exempt from its duties under the Administrative Procedures Act in adopting the 2014 policy, which the panel also found runs counter to another state law giving holders of federal curio-collector permits a pass on buying limits.

Comment On This Story
COMMENT POLICY: We welcome comments from individuals and businesses. All comments are moderated. Comments are subject to rejection if they are vulgar, combative, or in poor taste.
REAL NAMES ONLY: All posters must use their real individual or business name. This applies equally to Twitter account holders who use a nickname.

13 Comments

  1. Bob Oso says:

    Why should I only be able to have 10 rounds to defend my family against criminals who don’t obey these laws?

    SHALL NOT INFRINGE

  2. Rich says:

    Los Angles banned all over 10 round magazines prior to the state wide law. NOT one was turned in. Image the hundreds of thousands of new criminals wandering around LA.

  3. Rich says:

    In writing to William Jarvis, Jefferson said, “You seem . . . to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.”

    The germ of dissolution of our federal government is in the constitution of the federal Judiciary; an irresponsible body (for impeachment is scarcely a scare-crow) working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped.”

  4. Reginald Hafner says:

    California needs a ban on jackass judges, and dimwitted politicians.

  5. Bog Johnson says:

    Who cares what people in robes say when it involves a right? A right is a right. Period. All gun laws try to void your RKBA.

  6. 191145 says:

    Under our constitutional REPUBLIC, “the majority may not abolish the rights of the minority”. Federal law supersedes any and all state, city and municipal ordinances or laws.

  7. Chris Ewens says:

    The law exempts retired law enforcement officers, who are no different than private citizens once they retire. This creates “First Class Citizens”, those who are “exempt”, and “Second Class Citizens”, the remainder of the California residents. That violates the Constitution. So what if a mass murderer has to reload six times instead of four to kill? That cannot pass intermediate scrutiny, and demonstrates how biased the judge is. Californians are reaching the same point that colonists did in the 1770s. The question is, how many unconstitutional rulings will it take to spark the rebellion in California? Incidentally, I am a retired CA LEO.

  8. Eddy James says:

    What did you expect? The Government and the courts violated the Indians rights by committing genocide, handed out smallpox infected blankets, rode down and shot women and children by the hundreds, stole their lands. After disarming them. Makes you really wonder what the government might do to us if disarmed.

  9. Peter says:

    Since most entities define mass shootings to be under ten, how can this possibly reduce the number of mass shootings? As I have stated before, politicians are okay with ten deaths or injuries, but God forbid there are more than ten. Just an attempt to garner more votes.

  10. Jim Macklin says:

    The most lethal gun is a shotgun loaded for sporting purposes using duck, goose or deer loads. Even a single shot shotgun can be fired 10-12 times a minute. Magazine capacity doesn’t matter to the first person shot.
    The problem in California is the sanctuary that encourages criminals, be they illegal aliens or local drug dealers and gangs. Fear of being called racist makes profiling people politically difficult for social liberals.
    Has anybody noticed, increased gun control always increases crime and violence because the criminal doesn’t feel restrained by armed victims.

Leave a Comment


SCV NewsBreak
LOCAL NEWS HEADLINES
Monday, Mar 25, 2019
Motorcyclist Hurt in Crash, Narrowly Misses Big-Rig Collision
A motorcyclist hurt and taken to the hospital Monday morning narrowly missed being run over by a big rig, one of the rescuing paramedics said.
Monday, Mar 25, 2019
Smith Introduces 14 Bills for Current Sacramento Session
California 38th District Assemblywoman Christy Smith (D-Santa Clarita) authored and submitted 14 bills prior to the Feb. 22 legislative submission deadline, tackling issues like education, human trafficking, and public safety.
Monday, Mar 25, 2019
SCV Water Wins 2 Prestigious Awards for Inaugural Budget
SCV Water’s FY 2018/19 Budget has been recognized, locally by the California Society of Municipal Finance Officers, and nationally by the Government Finance Officers Association, for meeting the highest principles of governmental budgeting.
Keep Up With Our Facebook

Latest Additions to SCVNews.com
In light of how far the group has already come, TMU track and field coach Zach Schroeder is confident his 4x800-meter relay can go a little faster.
TMU Track & Field Shines at Westmont Collegiate Classic
The Santa Clarita Parks, Recreation and Community Services Commission will hold a special meeting on Thursday, March 28, starting at 8:30 a.m.
March 28: Parks, Recreation, Community Services Special Meeting
The Santa Clarita Community College District's Board of Trustees will hold a joint business meeting with representatives of the Associated Student Government at College of the Canyons' Valencia Campus on Wednesday, March 27.
March 27: COC Board of Trustees, ASG Joint Business Meeting
The Santa Clarita City Council will hold its next regular and special meetings on Tuesday, March 26.
March 26: City Council Legislative, Special, Regular Meetings
On Friday in Lakeside, right-handed hitting senior Anthony Lepre's entire repertoire was on display in a doubleheader against San Diego Christian.
Lepre’s Big Day Powers Mustangs to Wins Over Hawks
A motorcyclist hurt and taken to the hospital Monday morning narrowly missed being run over by a big rig, one of the rescuing paramedics said.
Motorcyclist Hurt in Crash, Narrowly Misses Big-Rig Collision
California 38th District Assemblywoman Christy Smith (D-Santa Clarita) authored and submitted 14 bills prior to the Feb. 22 legislative submission deadline, tackling issues like education, human trafficking, and public safety.
Smith Introduces 14 Bills for Current Sacramento Session
This year’s annual Castaic Dam Run at Castaic Lake on Saturday, April 13 will offer more fun for families as the event will also include the community’s first-ever Gnome Festival, featuring a Kids’ Gnome Parade.
April 13: Annual Castaic Dam Run, First Gnome Festival, Kids’ Parade
Los Angeles Sheriff's Department Captain Timothy K. Murakami has been promoted to Undersheriff, according to a news release from the LASD's Information Bureau.
Murakami Promoted to LASD Undersheriff
After weeks of informational picketing and mediation, College of the Canyons and its full-time faculty members have reached a tentative agreement that would end an ongoing dispute between the two sides.
COC, Full-Time Faculty Reach Tentative Agreement
SCV Water’s FY 2018/19 Budget has been recognized, locally by the California Society of Municipal Finance Officers, and nationally by the Government Finance Officers Association, for meeting the highest principles of governmental budgeting.
SCV Water Wins 2 Prestigious Awards for Inaugural Budget
Predicting that the public will not see the full report on Russian meddling in the 2016 U.S. elections, Senator Lindsey Graham noted Monday that material covered by executive privilege will likely be kept under wraps.
Graham Expects Some of Mueller Report to Stay Secret
A pedestrian is in stable condition after a man accused of drunken driving drove over a man’s leg on the 23000 block of Drayton Street in Santa Clarita on Sunday.
Deputies Hold Suspect After Man’s Leg is Run Over Outside Homeless Shelter
Los Angeles County Sheriff's Department Court Services Division Chief Robin Limon has been promoted to Assistant Sheriff for LASD, according to the Sheriff's Information Bureau.
LASD Promotes Robin Limon to Assistant Sheriff
1889 - Castaic School District established [story]
Castaic siding
Shutters clicked and lightbulbs flashed as the nominees for 2019 SCV Man and Woman of the Year were announced Wednesday at the annual "Paparazzi Party."
Nominees for SCV Man, Woman of Year Unveiled
1922 - Wyatt Earp's wife thanks William S. Hart for defending her husband's honor [story]
Wyatt Earp story
The California Highway Patrol closed all southbound lanes of Interstate 5 at Gorman School Road and southbound lanes at Frazier Mountain Park Saturday afternoon to clean up after multi-vehicle crashes in two locations.
Lanes Reopened After Multiple-Vehicle Crashes Close I-5 in Grapevine
1886 - Film director Robert N. Bradbury born in Washington state; launched John Wayne's career in Placerita Canyon [watch]
Governor Gavin Newsom Friday proclaimed a state of emergency throughout California ahead of the coming fire season, directing his administration to immediately expedite forest management projects that will protect 200 of California’s most wildfire-vulnerable communities.
Newsom Proclaims State of Emergency on Wildfires
For the second time in as many years here, a Mustang barreled to the rim in the closing seconds and scored a game-tying basket, only for the opposition to land a jarring counterpunch. This time no overtime was necessary.
Men’s Hoops: TMU Falls on Buzzer-Beater in NAIA First Round
As Master's concluded the Battle at Primm in Nipton, California, on Tuesday, the tournament's bright spot remained Karsten Briley's ridiculously low second round a day earlier.
TMU Men’s Golfers Prep for Fast Turnaround After Primm
College of the Canyons placed golfers in the top three individual spots on the way to winning its fourth straight conference tournament with a five-man score of 367 at Antelope Valley Country Club on Monday.
Wakaari Medals Again, Cougs Win Fourth Straight
College of the Canyons' men's swim team won a relay event and combined for eight top-five finishes to lead the Cougars to a third-place team result during the Western State Conference meet held at the Santa Clarita Aquatic Center on Saturday, March 16.
Cougars Swim to Third at Home WSC Meet
College of the Canyons won a combined nine events and finished runner-up in six more during a strong showing at the non-conference Bakersfield College Relays on Saturday, March 16.
Cougars Track & Field Roars at BC Relays
The city of Santa Clarita will host a public ribbon-cutting event to celebrate the completion of the Sierra Highway Pedestrian Bridge and Street Improvement Project on Friday, March 29, at 10 a.m.
March 29: City to Dedicate New Sierra Highway Pedestrian Bridge
Nearly two years in the making, Special Counsel Robert Mueller confidentially submitted his report Friday on Russian interference in the 2016 U.S. election, but it remains unclear as to when, or whether, Attorney General William Barr will make the report public.
Mueller Submits Long-Awaited Report on Russian Meddling in US Election
The Civilian Oversight Commission for the Los Angeles County Sheriff’s Department will host its monthly commission meeting in downtown Los Angeles on Tuesday, March 26, from 9 a.m. to 1 p.m.
March 26: Oversight Panel to Focus on LASD Secret Subgroups, ICE Policy, Sheriff’s Actions
The students in California State University, Northridge Finance 491A and 491B: Student Portfolio Seminar are outperforming finance professionals and turning nearly $5 million of investments into scholarships, research and other opportunities for the university.
Students Beat the Markets in Managing CSUN’s Portfolio
Los Angeles County Sheriff’s Department deputies from the Santa Clarita Valley Sheriff's Station will take part in a bicycle and pedestrian safety enforcement operation in the city of Santa Clarita on Monday, March 25, between 5 a.m. and 3 p.m.
March 25: LASD Bicycle, Pedestrian Safety Operation in Santa Clarita
The next meeting of the Los Angeles County Board of Supervisors is set for Tuesday, March 26, starting at 1 p.m.
March 26: LA County Board of Supervisors Meeting
California consumers are applying for clean-vehicle rebates at a record pace as demand for the cleanest vehicles on the market skyrocketed over the past year.
Sales of Electric Cars Breaking Records in California
As long-sparring foes, Cemex and the city of Santa Clarita enter what appears to be the final 16 months of their rocky relationship. A recent lawsuit filed by the former against the latter was done without fanfare and withdrawn just as quietly.
Cemex Silent on Dismissal of Suit Against City of Santa Clarita
Deputies from the Santa Clarita Valley Sheriff's Station arrested an unidentified couple in Castaic on felony vandalism and misdemeanor drug and theft charges on Wednesday, station officials reported Friday.
Napping Couple Nabbed in Castaic on Vandalism, Drug Charges
California Attorney General Xavier Becerra Friday filed a motion for a preliminary injunction seeking to block the Trump-Pence Administration’s Title X Family Planning Rule.
California AG Seeks Injunction to Halt Feds’ Title X Gag Rule
The Looks Threading Salon, located at the intersection of Copper Hill and Seco Canyon, is celebrating its 1-year anniversary on Saturday, March 23, from 3:00 p.m. - 7:00 p.m.
Local Threading Salon to Offer Mimosas, Deals at Anniversary Event