August 14, 2020

Feinstein Statement on 9th Circuit Ruling on High-Capacity Magazine Ban

            Washington—Senate Judiciary Committee Ranking Member Dianne Feinstein (D-Calif.) today released the following statement on a 9th Circuit decision overturning California’s ban on high-capacity ammunition feeding devices:

            “I’m shocked a three-judge panel of the 9th Circuit today overturned California’s ban on high-capacity ammunition magazines, which hold ten rounds or more. This decision runs contrary to at least seven separate federal court decisions and should be reviewed by a full 11-judge panel of the 9th Circuit.

            “There is no civilian need for the 100-round magazine used last year in Dayton, where 41 rounds were fired in 32 seconds, killing nine. Or the 33-round magazines used in 2011 in Tucson, where six were killed and 13 injured, including Congresswoman Gabrielle Giffords. Or any other magazine of ten rounds or more. These tools of war don’t belong on our streets.

            “The judge who authored the opinion was Ken Lee, who promised last year at his nomination hearing to respect precedent. When asked by Chairman Graham, ‘When there is a precedent on point, whether you like it or not, you are going to apply it, right?’ Judge Lee answered succinctly: ‘Yes.’ Today, he proved his answer was hollow.

            “Judge Barbara Lynn – the sole dissent in the 2-1 decision – noted the majority opinion went against six other federal appellate court decisions, as well as a 2015 ruling by the 9th Circuit itself.

            “California’s ban on high-capacity magazines is constitutional. It doesn’t infringe on the right to bear arms – that has been decided over and over again in federal court. The clear aim of the ban aims to limit the number of mass shootings that kill dozens of Americans each year. The California law should be upheld.”

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