SAN FRANCISCO — California’s ban on higher-capacity magazines can remain in effect while the state fights a lower court’s ruling last month that the law is unconstitutional.
The 9th U.S. Circuit Court of Appeals on Tuesday granted state Attorney General Rob Bonta's request that the law banning detachable magazines that hold more than 10 rounds remain in effect as the state appeals last month's ruling by U.S. District Judge Roger Benitez.
The appeals court also wrote that the state's case is likely to succeed against the challenge by the federal judge in San Diego.
The September ruling marked the second time Benitez struck down the law and was in response to legal action filed by five individuals and the California Rifle & Pistol Association challenging the law's constitutionality under the Second Amendment.
Benitez also struck down the law in 2017, but an appeals court ended up reversing that decision.
The Supreme Court ordered the case to be heard again after it set a new standard last year for how to interpret the nation’s gun laws. The new standard relies more on the historical tradition of gun regulation rather than public interests, including safety.
It's one of three high-profile challenges to California gun laws that are getting new hearings in court. The other two cases challenge California laws banning certain weapons and limiting purchases of ammunition.
