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Gun Magazine Restriction Halted By 9th Circuit

A semi-automatic hand gun is displayed with a 10 shot magazine, left, and a 1...

Credit: Associated Press

Above: A semi-automatic hand gun is displayed with a 10 shot magazine, left, and a 15 shot magazine, right, at a gun store in Elk Grove, Calif., Tuesday, June 27, 2017 photo.

Gun Magazine Restriction Halted By 9th Circuit


Dan Eaton, partner, Seltzer Caplan McMahon Vitek


California's law restricting gun magazines to 10 bullets was to go into effect in July 2017.

It was delayed first when U.S. District Judge Roger Benitez in San Diego granted a preliminary injunction until a lawsuit by gun owners (Duncan v. Becerra) made its way through the courts.

On Tuesday, a three-judge panel of the 9th U.S. Circuit Court of Appeals delayed it further, upholding Benitez' injunction in a 2-1 ruling. The law cannot go into effect until the litigation process reaches its end, perhaps in the U.S. Supreme Court.

The San Diego Union Tribunes reported a 2015 ruling on a similar magazine restriction in the Bay Area city of Sunnyvale upheld that law. But Sunnyvale is a densely populated city in Silicon Valley whereas San Diego and Imperial counties have vast backcountry areas.

Los Angeles Time Succeeds In Court Challenge

And a First Amendment case in Los Angeles has captured the attention of journalists and legal scholars.

On Tuesday U.S. District Judge John F. Walter lifted his order requiring the Los Angeles Times to remove information in an already-published article about a former Glendale police detective accused of working with the Mexican Mafia.

The judge had issued the order on Saturday after the Times published information on its website about a plea agreement between prosecutors and the detective. The agreement was mistakenly published in a court database of documents accessible to the public and was available for 31 hours.

After the Times challenged the order, Walter said he didn't know whether the newspaper had legally obtained the agreement, but found it had. He lifted his order.

Journalists and legal scholars noted that the judge's actions were highly unusual and likely unconstitutional.


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