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

Inside
Weather
Santa Clarita CA
Cloudy
Cloudy
59°F
 
Calendar
Today in
S.C.V. History
May 23
1941 - SCV's first real movie house, the American Theater, dedicated in Newhall [story]


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
Tuesday, May 22, 2018
CHP to Conduct Maximum Enforcement Period for Memorial Day Weekend
SACRAMENTO – As the unofficial start of summer, Memorial Day weekend is a busy time on California roadways.
Tuesday, May 22, 2018
May 28: Eternal Valley Memorial Day Ceremony
Join the Santa Clarita Valley Chamber of Commerce in honoring fallen heroes at Eternal Valley's Annual Memorial Day Ceremony.
Tuesday, May 22, 2018
Becerra Files Brief to Protect Birth Control Access Under ACA
SACRAMENTO — California Attorney General Xavier Becerra filed a legal brief on Wednesday defending the nationwide preliminary injunction California secured on December 21, 2017, protecting birth control coverage under the Affordable Care Act (ACA).
Keep Up With Our Facebook

Latest Additions to SCVNews.com
1941 - SCV's first real movie house, the American Theater, dedicated in Newhall [story]
Bolstering a countywide movement to fight homelessness, the Los Angeles County Board of Supervisors approved an ordinance on Tuesday providing homeowners with new opportunities to build or convert existing spaces into Accessory Dwelling Units, also known as “backyard homes” or “granny flats.”
Supes Approve Housing Solution to Fight Homelessness
Here is the list of Santa Clarita arts-related events for May 24-June 2:
May 24-June 2: Santa Clarita Arts Calendar
LOS ANGELES – The Academy of Motion Picture Arts and Sciences announced its summer programming lineup this week for both Los Angeles and New York.
‘Grease’ 40th Anniversary, ‘Hairspray’ Among Academy’s Summer Screenings
On May 24, tech professionals, child welfare leaders, political figures and foster youth will descend on L.A.’s “Silicon Beach” to explore how technology can address some of the toughest issues facing Los Angeles County’s foster care system.
LA’s Tech, Child Welfare Sectors to Address County’s Foster Care System
In recognition of National 529 College Savings Day, the Santa Clarita Optimist Foundation’s Safety Town – Santa Clarita program announced Monday the launch of a 4-day promotion by ScholarShare 529, California’s state-sponsored college savings plan.
May 29-June 1: ScholarShare 529, 4-Day Promotion
LANCASTER – The California League announced Monday that JetHawks outfielder Vince Fernandez has been named Player of the Week for the period from May 14-20.
JetHawks’ Fernandez Named Cal League Player of the Week
When thinking about leadership positions in government, people often picture a man before considering a woman. These career-based gender stereotypes often psychologically institutionalize men and women.
CSUN Professor’s Film Tackles Gender Bias in Leadership Positions
Two months after being honorably discharged from the U.S. Marines, Leonel Gonzalez enrolled at College of the Canyons with the goal of becoming a psychologist.
After Overwhelming Start, COC Student Veteran Readies for Graduation
SACRAMENTO – As the unofficial start of summer, Memorial Day weekend is a busy time on California roadways.
CHP to Conduct Maximum Enforcement Period for Memorial Day Weekend
The Canyon Theatre Guild has announced the cast for its production of, "Gilligan's Island the Musical."
Canyon Theatre Guild Announces Cast of Gilligan’s Island the Musical
The California Enterprise Development Authority will hold a Teleconference Meeting, Thursday, May 24, 2018 at 10:30 a.m.
May 24: California Enterprise Development Authority Teleconference Meeting
The Santa Clarita Valley Sanitation District Board of Director's Regular Meeting will take place Friday, May 25, at 11:30 a.m.
May 25: Sanitation District Regular Meeting
The Santa Clarita Artists Association (SCAA) presented scholarship awards on Monday totaling $2,250 to three high school graduating seniors who are majoring in art in the SCV community.
Local Graduating Seniors Awarded with Art Scholarships
Join the Santa Clarita Valley Chamber of Commerce in honoring fallen heroes at Eternal Valley's Annual Memorial Day Ceremony.
May 28: Eternal Valley Memorial Day Ceremony
SACRAMENTO — California Attorney General Xavier Becerra filed a legal brief on Wednesday defending the nationwide preliminary injunction California secured on December 21, 2017, protecting birth control coverage under the Affordable Care Act (ACA).
Becerra Files Brief to Protect Birth Control Access Under ACA
1865 - Discoverer Ramon Perea and partner sell Pico Canyon oil claim to Edward Beale & Robert Baker for $300 [story]
Santa Clarita Valley condominiums that changed owners during April 2018 yielded a median price of $410,000, which set a record high and for the first time broke the $400,000 benchmark, the Southland Regional Association of Realtors reported Monday.
SCV Condo Median Prices at Record High as April Sales Jump
The Santa Clarita City Council will hold special and regular meetings at City Hall on Tuesday, May 22, starting at 5 p.m. and 6 p.m., respectively.
May 22: Santa Clarita City Council Special, Regular Meetings
“Fresh Meat,” a play by CSUN graduate student Karen Casady set to open next month as part of the Hollywood Fringe Festival, is the tale of a dalliance with cannibals and furries, and what happens when one small algorithm goes awry.
CSUN Grad Student Play About Cannibalism Set for Fringe Festival
The Santa Clarita Community College District’s Board of Trustees will hold its next business meeting at College of the Canyons’ Valencia campus on Wednesday, May 23, starting at 3 p.m.
May 23: COC Board of Trustees Business Meeting
With the goal of contributing to coral reef research, California State University, Northridge biology alumna Jessica L. Bergman has submitted her graduate thesis project, “Behavior of Brooded Coral Larvae in Response to Elevated pCO2,” to the National Science Foundation East Asia Pacific Summer Institute.
CSUN Grad Adds to Research on Acidification of Coral Larvae
College of the Canyons brought home three All-American designations and set a new school record during the two-day California Community College Athletic Association Track & Field State Championships hosted by Bakersfield College May 18-19.
Cougars Earn Three All-American Nods at CCCAA State Championships
College of the Canyons had 13 players recognized with All-Western State Conference East Division honors including sophomore slugger Calvin Estrada who was named Player of the Year, and sophomore southpaw Jacob Lopez who tossed a season worthy of Pitcher of the Year Honors.
Thirteen Cougars Named All-WSC; Lopez, Estrada Take Top Honors
College of the Canyons all-conference soccer goalkeeper Jordan Burrow will transfer to Ottawa University in the fall after committing to continue her playing career as a member of the Braves.
Canyons Goalkeeper Jordan Burrow Signs With Ottawa University
The Lancaster JetHawks are excited to announce that Major League Baseball Hall of Famer Roberto Alomar will appear at The Hangar in the festivities for the 2018 California League All-Star Game, to be presented by the city of Lancaster on Tuesday, June 19.
Hall of Famer Roberto Alomar Added to JetHawks’ All-Star Game Festivities
Michel Moore, the Los Angeles Police Department's First Assistant Chief and a Santa Clarita resident, is one of three finalists in the search for a new LAPD chief.
Santa Clarita Resident Michel Moore in Running for LAPD Chief
The Academy of Motion Picture Arts and Sciences is pleased to announce a donation to the Margaret Herrick Library and the Academy Film Archive from George Stevens, Jr., the award-winning filmmaker and founder of the American Film Institute.
AFI Founder George Stevens Jr. Donates Archive to AMPAS
The LA County Arts Commission and the Homeless Initiative Second Dwelling Units Pilot Program recently announced the winners of the Yes to ADU Design Competition, which invited artists, architects and engineers to submit concept designs for Accessory Dwelling Units — also known as “granny flats” or ADUs — as possible solutions to LA County’s homelessness crisis.
County Yes to ADU Design Winners Offer Homelessness Solutions
The Santa Clarita City Council hosted a dedication ceremony on Friday morning to celebrate a public art addition to one of the city’s busiest trails: the Santa Clarita Cycling Bear by local artist Frank Rock.
Santa Clarita Cycling Bear Dedicated During National Bike Week
The city of Santa Clarita has updated the list of productions shooting in the city and the Santa Clarita Valley for the week of May 21-27, 2018.
‘Mayans MC,’ ‘Missing Time,’ ‘Unbound’ Now Filming in Santa Clarita
Los Angeles County Registrar-Recorder/County Clerk Dean C. Logan reminds eligible voters that the registration deadline to vote in the June 5 Statewide Primary Election is Monday night at 11:59 p.m.
Monday Last Day to Register to Vote in June Primary
The California Retail Survey, which compares retail sales activity for each of California’s 58 counties and 482 cities, ranked the city of Santa Clarita 22nd in retail sales in its most recent report.
Santa Clarita Ranks No. 22 in California Retail Survey
A bipartisan coalition of 39 state and territory Attorneys-General including California AG Xavier Becerra Monday urged Congress to combat the opioid epidemic by passing the Comprehensive Addiction and Recovery Act (CARA) 2.0 and the Comprehensive Addiction Reform, Education and Safety (CARES) Act.
State AG’s Press Congress to Fight Opioid Epidemic
The Santa Clarita Valley Water Agency, or SCV Water, and Los Angeles County Waterworks District #36 have released their Annual Water Quality Report for 2018.
SCV Water Releases Annual Water Quality Report
The JetHawks allowed 10 extra-base hits, and 19 hits overall, in a 12-2 rubber-game loss to the Inland Empire 66ers on Sunday afternoon at San Manuel Stadium.
JetHawks Lose Rubber Game in 66ers Rout