Proposition 63 California Magazine Ban Gets Slapped Down
Kevin Felts 07.20.18
In a stunning example of upholding citizens rights a three judge panel of the infamous Ninth Circuit Court of Appeals upheld a lower courts decision on stop the Proposition 63 California magazine ban.
The law, Proposition 63, which was passed by California voters prohibited magazines with a capacity of more than ten rounds.
What does all this mean?
In the year 2000 California banned the new purchase of high capacity magazines. Any magazines over ten rounds that were in the state before the law was passed were exempt and “grandfathered” in. Meaning, people who had high capacity magazines before the year 2000 could keep those magazines.
Proposition 63 removed the exemption for magazines that were in the state before the law in 2000 took effect. Which meant people would have to dispose of their magazines, or face some kind of criminal charge.
One of the reasons why the magazine ban of Proposition 63 was struck down, the court cited the government can not take someones property without compensation.
California – -(Ammoland.com)- A three-judge panel of the Ninth Circuit Court of Appeals has upheld a lower court’s decision to halt the implementation of Proposition 63, which was passed by California voters in 2016 and set in motion the prohibition of magazines that hold more than 10 rounds of ammunition.
In June of 2017, just days prior to implementation, U.S. District Judge Roger Benitez agreed with the challenge and issued a preliminary injunction, stating that the standard capacity ban undermines the rights guaranteed by the 2nd Amendment and “amounts to the government taking people’s property without compensation.”
I am not here to give legal advice, just my opinion. Proposition 63 is why the founding fathers did not want a Democracy. The voters of California decided to make criminals out of law abiding gun owners. Proposition 63 would have stripped individuals of their property without due process, or financial compensation.
This is not only a win for individual property rights, it is also a win for the 2nd Amendment.
The Ninth Circuit Court of Appeals has a long history of being hostile towards gun owners and gun rights; that is why this three judge ruling is so surprising. If the Ninth Circuit Court of Appeals struck down the magazine ban in Proposition 63, hopefully the decision will be upheld if the challenge goes before the United States Supreme Court.
Will this stop the anti-gun crowd in California? Probably not. Hopefully it will set an example for other anti-gun states who are thinking about banning certain types of magazines.