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A US appeals court said on Thursday said that it will reconsider its decision that California’s ban on high-capacity magazines violates the right to bear arms under the US Constitution’s Second Amendment.
The San Francisco-based 9th US Circuit Court of Appeals set aside a decision made last August by a divided three-judge panel, which sided with opponents of the ban on magazines with more than 10 rounds of ammunition.
An 11-judge panel will now consider the case.
Circuit Judge, Kenneth Lee, an appointee of former President Donald Trump, had written for the majority that the 2017 ban may have been well-intentioned following a spate of heart-wrenching and highly publicized mass shootings, but that it infringed the constitutional right to armed self-defense.
California Attorney General, Xavier Becerra, who sought a rehearing, said the state’s law advanced public safety while preserving gun owners’ ability to defend themselves.
Becerra also said the panel’s decision conflicted with the five other federal appeals courts to consider the issue, and well as the 9th Circuit’s own precedent.
President Joe Biden has nominated Becerra to serve as U.S. secretary of health and human services.
Lawyers for firearms owners opposed to the ban said the state’s draconian ban would strip people of magazines that they have owned without incident for decades.