header image

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

Inside
Weather
Santa Clarita CA
Mostly cloudy
Mostly cloudy
70°F
 
Calendar
Today in
S.C.V. History
July 24
1864 - Walker/Reynier family patriarch Jean Joseph Reynier, then 15, arrives in Sand Canyon from France; eventually homesteads 1,200 acres [story]
Joseph Reynier


Siding with a lower court judge who found California’s ban on high-capacity gun magazines holding more than 10 rounds of ammunition is illegal and could lead to women being “raped and dead,” a duo of GOP-appointed Ninth Circuit judges Friday ruled the ban violates the Second Amendment.

In a 66-page order, U.S. Circuit Judge Kenneth Lee, a Donald Trump appointee, found California’s voter-approved Proposition 63 — enacted in 2016 to ban the high-capacity gun magazines frequently used in mass shootings — violates the Second Amendment.

Lee found Proposition 63 burdens conduct protected by the Second Amendment, as firearm magazines are protected under the Constitution, not “unusual” and are commonly owned for lawful purposes.

He further found Proposition 63 “struck at the core right of law-abiding citizens to self-defend by banning LCM possession within the home,” using the acronym for “large-capacity magazine.”

The state’s “compelling interest” in mitigating gun violence was not narrowly tailored by “a statewide blanket ban on possession everywhere and for nearly everyone.” As such, Proposition 63 was not the “least restrictive means” of preventing mass casualties, Lee wrote.

Lee affirmed U.S. District Judge Roger Benitez’s decision last year granting summary judgment in favor of gun owner Virginia Duncan and the California Pistol & Rifle Association. Benitez found gun magazines over 10 rounds are commonly owned “by law-abiding responsible citizens for lawful uses like self-defense.”

In his order striking down the law, and during a four-hour court hearing in 2018, Benitez referenced women’s need to be able to protect themselves from home intrusions and rape as a reason California residents needs access to high-capacity gun magazines.

His sentiment was echoed by U.S. Circuit Judge Consuelo Callahan, a George W. Bush appointee, during the virtual Ninth Circuit hearing on the case this past April.

U.S. District Judge Barbara Lynn, a Bill Clinton appointee sitting by designation from the Northern District of Texas, wrote in a 14-page dissent that her colleagues’ order conflicts with legal precedent set by the Ninth Circuit and sister courts regarding high-capacity gun magazines.

In a statement on its website, California Rifle & Pistol Association president and general counsel Chuck Michel called the order a “major victory for the Second Amendment, both in California and across the country.”

“This is a huge win specifically for the right to possess these valuable self-defense tools. But more generally, this case may present the Supreme Court with an opportunity to set things straight on the underlying issue of what the standard of review test should be when considering any Second Amendment challenge,” Michel said.

In a statement to Courthouse News, California Attorney General Xavier Becerra’s Office said they are “carefully reviewing the decision, with the goal of protecting public safety.”

“The attorney general remains committed to using every tool possible to defend California’s gun safety laws and keep our communities safe.”

Lee found California’s law imposed a substantial burden on the right to self-defense, making half of all 230 million gun magazines in America illegal to own in the Golden State including ammunition which comes standard on Glocks, Berettas and other handguns “that are staples of self-defense.”

Unlike waiting period laws and other limitations the state has enacted to mitigate gun violence, Lee found Proposition 63 “went too far.” He suggested had the law contained a grandfather clause for those who already owned high-capacity magazines or carve-outs for those in rural parts of the state who may need access to the weapons, it may have passed constitutional muster.

“Many Californians may find solace in the security of a handgun equipped with an LCM: those who live in rural areas where the local sheriff may be miles away, law-abiding citizens trapped in high-crime areas, communities that distrust or depend less on law enforcement, and many more who rely on their firearms to protect themselves and their families. California’s almost blanket ban on LCMs goes too far in substantially burdening the people’s right to self-defense,” Lee wrote.

The ban was also unconstitutional because it outlawed weapons “typically possessed” by law-abiding citizens, according to Lee.

“This is the antithesis of unusual,” Lee wrote, listing the history of semiautomatic and multishot firearms dating back to 1580 while noting they “were not novel or unforeseen inventions to the Founders.”

“The historical prevalence of firearms capable of holding more than 10 bullets underscores the heritage of LCMs in our country’s history,” Lee wrote, mooting the need for the court to evaluate their dangerousness when ruling on the constitutionality of Proposition 63.

In a footnote, Lee noted statistics submitted in the court record show criminal use of high-capacity magazines was relatively low when compared to their market saturation.

The weapons were used 31 times between 1982 and 2012 in shootings in the United States where four or more people were killed, according to the ruling.

Reading like an American history book, Lee’s opinion also connected the right to “defend hearth and home” with the Civil Rights movement.

“Our country’s history has shown that communities of color have a particularly compelling interest in exercising their Second Amendment rights,” Lee noted, pointing to Martin Luther King Jr. owning firearms and hiring armed men to guard his house during the Montgomery bus boycott in 1956, despite his commitment to nonviolence.

Presently, Asian Americans have become targets of physical attacks during the Covid-19 pandemic, Lee noted, quoting a woman who said she purchased a gun to protect her daughter.

Other protected groups including women and LGBTQ people could likewise need to arm themselves to prevent domestic violence and hate crimes, Lee wrote.

“The Second Amendment is a fundamental constitutional right guaranteed to the people — especially those who may not be equally protected by the state,” Lee wrote.

“The state could ban virtually anything if the test is merely whether something causes social ills when someone other than its lawful owner misuses it. Adopting such a radical position would give the government carte blanche to restrict the people’s liberties under the guise of protecting them,” he added.

While Judge Lynn agreed with her colleagues that Proposition 63 does burden the Second Amendment, she wrote in her dissent that it does not place a “substantial burden” on Californians’ constitutional rights because the law does not restrict the number of magazines a person can own and their firearms are not “rendered inoperable” by not being used with high-capacity magazines.

“The prohibition on LCMs is more analogous to a restriction on how someone exercises their Second Amendment rights, by restricting the number of bullets a person may shoot from one firearm without reloading,” Lynn wrote.
— By Bianca Bruno, CNS

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.

0 Comments

You can be the first one to leave a comment.

Leave a Comment


SCV NewsBreak
LOCAL NEWS HEADLINES
Friday, Jul 23, 2021
Atkins Delays Resigning from SCV Water Board
Santa Clarita Valley Water Agency board member BJ Atkins told The Signal Thursday he has delayed his plan to resign from the board, due to construction delays on a house he is building outside of the agency’s jurisdiction.
Friday, Jul 23, 2021
Cleanup of Whittaker-Bermite Land Completed, Land Remains Up in the Air
As the cleanup of close to 1,000 acres of contaminated soil and water at Whittaker-Bermite comes to a close, and while lawyers in bankruptcy court hundreds of miles from the site slice through litigation so that one day stores or homes can be built there, the land itself is reverting to the way it was long before the dynamite makers made a mess of it, where the deer — if not the antelope — and other critters play, marking a robust return of wildlife.
Friday, Jul 23, 2021
Friday COVID-19 Roundup: County Reports Over 3,000 New COVID-19 Cases for First Time Since February 13; Henry Mayo Reports Highest Hospitalizations since March
On Friday, Los Angeles County Public Health officials confirmed seven new deaths and 3,058 new cases of COVID-19, marking the third day in a row with more than 2,500 cases reported in a day.
Keep Up With Our Facebook

Latest Additions to SCVNews.com
1864 - Walker/Reynier family patriarch Jean Joseph Reynier, then 15, arrives in Sand Canyon from France; eventually homesteads 1,200 acres [story]
Joseph Reynier
The Soraya, located at the California State University, Northridge campus, announced it is celebrating both its 10th Anniversary and its reopening with a special gift of five free concerts to welcome back and thank its loyal audience.
The Soraya Celebrates 10th Anniversary, Reopening with 5 Free Concerts
Santa Clarita Valley Water Agency board member BJ Atkins told The Signal Thursday he has delayed his plan to resign from the board, due to construction delays on a house he is building outside of the agency’s jurisdiction.
Atkins Delays Resigning from SCV Water Board
As the cleanup of close to 1,000 acres of contaminated soil and water at Whittaker-Bermite comes to a close, and while lawyers in bankruptcy court hundreds of miles from the site slice through litigation so that one day stores or homes can be built there, the land itself is reverting to the way it was long before the dynamite makers made a mess of it, where the deer — if not the antelope — and other critters play, marking a robust return of wildlife.
Cleanup of Whittaker-Bermite Land Completed, Land Remains Up in the Air
The city of Santa Clarita and Canyon View Estates have proposed two differing judgments in court filings this month on the matter of a solar panel system at the Canyon Country mobile home park.
City, Canyon View Estates Diverge on Solar Panel System Removal
Newhall School District board members voted unanimously Tuesday to ask the California Department of Public Health to provide new face-covering guidance to give the district discretion over whether to make masks optional.
Newhall School District Votes to Ask CDPH for More Leniency on Mask Policies
On Friday, Los Angeles County Public Health officials confirmed seven new deaths and 3,058 new cases of COVID-19, marking the third day in a row with more than 2,500 cases reported in a day.
Friday COVID-19 Roundup: County Reports Over 3,000 New COVID-19 Cases for First Time Since February 13; Henry Mayo Reports Highest Hospitalizations since March
With the 2021 Tokyo Olympics getting underway, the final rosters are set and athletes across the country are ready to begin competition and represent the USA at today’s Opening Ceremony — including some of the Santa Clarita Valley’s own elite athletes.
Final Rosters for Tokyo Olympics Include a Handful of SCV Athletes
To kick off its return to service in the U.S., Princess Cruises and Holland America Line held a celebration at the Port of Seattle on Friday, July 23.
Princess Cruises and Holland America Line Kick Off Return To Service In the U.S. From Port Of Seattle
The city of Santa Clarita is calling all Recycle Heroes! The city announced it is inviting residents to participate in a citywide social media contest where residents create their own TikTok video themed after the city’s Recycle Hero campaign, which encourages residents to recycle right.
City Announces Recycle Hero TikTok Social Media Contest
1982 - Vic Morrow & two child actors killed in helicopter crash at Indian Dunes during filming of "Twilight Zone: The Movie" [story]
Twilight Zone Movie
The Los Angeles County Department of Public Health confirmed Thursday 13 new deaths and 2,767 new cases of COVID-19 countywide, with 29,192 total cases in the Santa Clarita Valley.
Thursday COVID-19 Roundup: L.A. County Sees Surge in Delta Variant; SCV Cases Total 29,192
Green Santa Clarita is excited to launch a newly redesigned website filled with valuable resources and programming for Santa Clarita residents and businesses looking to live more sustainably.
Green Santa Clarita’s Redesigned Website Offers Sustainability Resources
CSUN has named Trent Johnson Interim Head Men's Basketball Coach, the university announced Tuesday.
CSUN Names Trent Johnson Interim Head Men’s Basketball Coach
Los Angeles County Waterworks Districts will begin work to replace a water main in the unincorporated community of Val Verde (District No. 36).
Val Verde Residents Warned of Traffic Delays Due to Upcoming Water Main Project
Supervisor Kathryn Barger, whose 5th District includes the Santa Clarita Valley, has authored a motion to create a Blue-Ribbon Commission on Homelessness that, if approved, will provide guidance and recommendations to the Board of Supervisors on reforms to solve the homelessness crisis throughout Los Angeles County.
Barger Proposes Blue-Ribbon Commission on L.A. County’s Homelessness
The Child and Family Center of Santa Clarita was one of 63 nonprofits receiving part of the $750,000 in grant awards from the Los Angeles County Department of Arts and Culture, as a part of the County's Community Impact Arts Grant (CIAG) program.
Child & Family Center Receives L.A. County Arts and Culture Grant
After several fires in the Santa Clarita Valley this past week, everyone from utility representatives to fire officials to meteorologists is reminding residents that, due to unusually dry weather during fire season, they should have their Ready! Set! Go! plans ready to go.
Residents Reminded of Wildfire Action Plan as Officials Brace for Fire Season
A Los Angeles County Fire Department captain was arrested on suspicion of assault following an altercation in Stevenson Ranch earlier this month.
LACoFD Fire Captain Arrested on Suspicion of Assault After Stevenson Ranch Altercation
Mayor Bill Miranda spoke directly with the committee recommending the transfer of violent juvenile offenders to Camps Scott and Scudder on Wednesday, saying the move required more environmental impact reports and public outreach.
Miranda Tells Camps Scott, Scudder Committee More EIRs, Public Outreach Required
SACRAMENTO — State Superintendent of Public Instruction Tony Thurmond hosted Wednesday the first American Indian Education Oversight Committee (AIEOC) meeting since 2017.
State Schools Chief Hosts First American Indian Education Oversight Committee Meeting Since 2017
2000 - Historic Larinan house in Pico Canyon burns down [story]
Larinan house burning
Henry Mayo Newhall Hospital announced that Logix Federal Credit Union will continue to sponsor the hospital's Foundation Palliative Care Teddy Bear program. 
Henry Mayo And Logix Announces Continued Partnership In Palliative Care Teddy Bear Program
The Los Angeles County Department of Public Health confirmed Wednesday seven new deaths and 2,551 new cases and of COVID-19, with 29,104 total cases in the Santa Clarita Valley. 
Wednesday COVID-19 Roundup: Henry Mayo Reports Two Additional Deaths; L.A. County Reports 20-Fold Case Increase Since June
%d bloggers like this: