Judge’s stay still in place after 9th Circuit votes down California ban on high-capacity magazines

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FRESNO, Calif. (KGPE) — Two members in a three-judge panel of the 9th Circuit Court of Appeals voted to throw out California’s ban on high-capacity gun magazines Friday, saying it violates the constitution.

Gavin Newsom was California’s Lieutenant Governor in 2016 when he backed Proposition 63, a ballot initiative banning gun magazines that hold more than ten rounds of ammunition.

“I think it was sound, I think it was right, and I think the overwhelming… I don’t think, I know the overwhelming majority of Californians agreed when they supported a ballot initiative that we put forth,” said Gov. Newsom at a press conference Friday.

RELATED: 9th Circuit ends California ban on high-capacity magazines

The higher capacity magazines aren’t for sale yet, since a stay remains in place from the lower court judge, but that hasn’t stopped gun owners from trying to stock up.

“Our phone at the store has been busy as well as emails coming in,” said Jacob Belemjian, owner of Firing Line gun store in Clovis. “‘Can I order them online? Do you have them? When are you going to get them? Why can’t I buy them?’ Because of course we’re telling people, ‘Hey, you can’t buy these.'”

The National Rifle Association released a statement, calling the move “a huge win for the NRA and gun owners nationwide.”

The California Attorney General’s Office says it’s reviewing the decision.

“I wouldn’t be surprised that the state of California is already prepared to file a petition for review to the California 9th Circuit as a whole and see if we can get this decision reversed,” said criminal defense attorney David Mugridge.

With so many conflicting opinions on this issue, Mugridge said the process likely won’t stop there.

“This is an issue that will eventually get to the supreme court. It’s a question of when,” said Mugridge.

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