Virginia Duncan; Patrick Lovette; David Marguglio; Christopher Waddell; California Rifle & Pistol Association, Inc. v. Rob Bonta

Summary

The Ninth Circuit, sitting en banc, held that California's prohibition on possessing large-capacity magazines does not violate the Second Amendment. The court concluded that such magazines are optional firearm accessories outside the Second Amendment's plain text and, alternatively, that the ban is consistent with historical traditions of regulating especially dangerous weapon uses and firearm components. The court reversed the district court and remanded with instructions to enter judgment for Attorney General Rob Bonta.

Holdings

1. The Second Amendment's plain text does not protect possession of large-capacity magazines because such magazines are optional accessories or accoutrements rather than arms or accessories necessary to the ordinary operation of a firearm.
2. Even assuming that possession of large-capacity magazines falls within the Second Amendment's plain text, California's ban is consistent with the Nation's historical tradition of firearm regulation.
3. The California large-capacity-magazine ban does not effect an unconstitutional taking.
4. The appellate court may not consider factual material outside the district-court record merely because it appears in a judicial opinion or linked video.

Questions Presented

1. Whether California's ban on possession of large-capacity magazines violates the Second Amendment.
2. Whether the ban effects an unconstitutional taking under the Fifth Amendment.
3. Whether the Ninth Circuit could decide the renewed appeal en banc under the applicable statutory and procedural framework.
4. Whether the appellate court could consider factual material outside the district-court record introduced in a dissenting opinion.

Disposition

reversed_and_remanded