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9th Circuit upholds California ban on large-capacity ammunition magazines

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9th Circuit upholds California ban on large-capacity ammunition magazines

California has the authority to ban large-capacity ammunition magazines, a federal appellate court ruled Thursday, reversing a previous decision that found the state law unconstitutional under the strict, history-minded limits on gun control measures recently established by the Supreme Court.

Writing for the 11-judge panel of the U.S. 9th Circuit Court of Appeals, Circuit Judge Susan P. Graber found that the state’s ban on magazines holding more than 10 rounds fell in line with other historical weapons restrictions in that it “restricts an especially dangerous feature of semiautomatic firearms — the ability to use a large-capacity magazine — while allowing all other uses of those firearms.”

“So far as California’s law is concerned, persons may own as many bullets, magazines, and firearms as they desire; may fire as many rounds as they like; and may carry their bullets, magazines, and firearms wherever doing so is permissible. The only effect of California’s law on armed self-defense is the limitation that a person may fire no more than ten rounds without pausing to reload, something rarely done in self-defense,” Graber wrote.

While the law was not a “precise match” to historical weapons restrictions, “it does not need to be,” Graber wrote, citing previous case law. The state’s aim, to “protect innocent persons from infrequent but devastating events,” was “relevantly similar” to the justifications of some historic laws, she wrote, and that was enough to justify it under the modern Supreme Court standard.

The Supreme Court established in 2022 that modern firearms regulations usually must align with some historic law to be legitimate.

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The panel’s decision reverses an opposing ruling by a lower court, and sends the case back down to that court for reconsideration.

The ruling was a major win for California and a coalition of nearly 20 liberal states that joined in the fight to uphold the ban, a measure they described as critical in the fight against mass shootings and other gun violence.

“California’s ban on large-capacity magazines has been a key component in our efforts to fight gun violence and prevent senseless injuries and deaths and the devastation of communities and families that are left behind in the wake of mass shootings,” California Atty. Gen. Rob Bonta said in a statement. “This commonsense restriction on how many rounds a gunman can fire before they must pause to reload has been identified as a critical intervention to limit a lone shooter’s capacity to turn shootings into mass casualty attacks.”

Bonta said the ruling would save lives and was an “important win.”

California gun owners and advocacy groups challenged the ban, and more than two dozen conservative states argued alongside them that the restrictions amounted to an unlawful infringement on the self-defense rights of average, law-abiding Californians.

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“This incorrect ruling is not surprising considering the inclination of many 9th Circuit judges to improperly limit the 2nd Amendment’s protections,” said Chuck Michel, an attorney for the plaintiffs.

Michel said he intended to ask the Supreme Court to review — and vacate — the 9th Circuit’s decision.

“It is high time for the Supreme Court to [rein] in lower courts that are not following the Supreme Court’s mandates,” he said, “and this case presents an opportunity for the High Court to do that emphatically.”

The case, which has been ongoing for years, is one of many in California and around the country that have been re-litigated with an eye toward sometimes centuries-old weapons laws since the Supreme Court’s ruling requiring such analysis in 2022, in a case known as New York State Rifle & Pistol Assn. vs. Bruen.

There, the high court rejected a long-standing pillar of 2nd Amendment law and said most restrictions on firearms are legitimate only if they are deeply rooted in American history, or sufficiently similar to some historic rule.

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The ruling prompted states like California to delve through history to find historic laws — including against antiquated weapons such as “trap guns” — that could be construed as establishing early precedent for current laws against modern weapons such as assault rifles.

In September 2023, District Judge Roger Benitez of San Diego ruled that California’s ban on large-capacity magazines was unconstitutional under the new Bruen standard. In October 2023, he ruled the state’s ban on assault rifles was similarly unconstitutional.

The 9th Circuit stayed both decisions, as it took them up for review. Many in the state were awaiting Thursday’s decision in the magazines case — which could help to clear a logjam in other gun litigation, in California and across the American West, where the 9th Circuit retains jurisdiction.

The decision divided Graber, an appointee of President Clinton, and the panel’s liberal judges from its conservative judges. Three panel judges appointed by President Trump — Ryan D. Nelson, Patrick J. Bumatay and Lawrence VanDyke — wrote dissents.

Bumatay wrote that California has a justifiable interest in reducing gun violence, but that its long list of gun control measures “continually whittle away the Second Amendment guarantee,” and in clear violation of the Bruen decision.

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“Nothing in the historical understanding of the Second Amendment warrants California’s magazine ban. Even with some latitude in searching for historical analogues, none exist,” he wrote.

In his own dissent, Nelson wrote that he agreed with Bumatay that the panel majority’s decision upholding California’s law as constitutional “flouts” the Supreme Court’s ruling in Bruen.

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Video: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

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Video: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

new video loaded: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

On the fifth day of the war in Iran, Defense Secretary Pete Hegseth said that the U.S. military operation was intensifying and that more warplanes were arriving in the region.

By Christina Kelso

March 4, 2026

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US submarine sinks Iranian warship by torpedo in a first since World War II

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US submarine sinks Iranian warship by torpedo in a first since World War II

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A U.S. submarine sank a prized Iranian warship by torpedo, the first such sinking of an enemy ship since World War II, Secretary of War Pete Hegseth said Wednesday morning.

Hegseth joined Chairman of the Joint Chiefs of Staff Gen. Dan Caine at the Pentagon to provide an update to reporters on “Operation Epic Fury” in Iran.

“An American submarine sunk an Iranian warship that thought it was safe in international waters,” Hegseth said. “Instead, it was sunk by a torpedo. Quiet death. The first sinking of an enemy ship by a torpedo since World War Two. Like in that war, back when we were still the War Department. We are fighting to win.”

Caine said that an Iranian vessel was “effectively neutralized” in a Navy “fast attack” using a single Mark 48 torpedo. He added that the U.S. Navy achieved “immediate effect, sending the warship to the bottom of the sea.”

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WATCH HEGSETH’S ANNOUNCEMENT:

Hegseth said that the U.S. Navy sank the Iranian warship, the Soleimani. The flagship was named for Qasem Soleimani, an Iranian military officer who served in the Islamic Revolutionary Guard Corps who the U.S. killed in a January 2020 drone strike during President Donald Trump’s first term.

“The Iranian Navy rests at the bottom of the Persian Gulf. Combat ineffective, decimated, destroyed, defeated. Pick your adjective,” Hegseth said. “In fact, last night we sunk their prize ship, the Soleimani. Looks like POTUS got him twice. Their navy, not a factor. Pick your adjective. It is no more.”

This map shows U.S. and Israeli strikes against Iranian naval forces as of March 1. (Fox News)

Hegseth also told reporters at the briefing that the U.S. and Israel will soon achieve “complete control” over Iranian airspace after Iran’s missile capabilities were drastically diminished in the four days of fighting.

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US ‘WINNING DECISIVELY’ AGAINST IRAN, WILL ACHIEVE ‘COMPLETE CONTROL’ OF AIRSPACE WITHIN DAYS, HEGSETH SAYS

“More bombers and more fighters are arriving just today and now, with complete control of the skies, we will be using 500 pound, one thousand pound and 2,000 pound laser-guided precision gravity bombs, of which we have a nearly unlimited stockpile,” he said.

The war has killed more than 1,000 people in Iran and dozens in Lebanon, while U.S. officials said six American troops were killed in a fatal drone strike in Kuwait.

Thousands of travelers have been left stranded across the Middle East.

This map shows security and travel updates for Americans regarding countries in the Middle East region. (Fox News)

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Caine told reporters that the U.S. military is helping thousands of Americans stranded in the Middle East after the U.S. State Department urged citizens to leave more than a dozen countries.

Fox News Digital’s Ashley Carnahan contributed to this report.

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Sen. Padilla preps for Trump trying to seize control of elections via emergency order

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Sen. Padilla preps for Trump trying to seize control of elections via emergency order

Sen. Alex Padilla (D-Calif.) is preparing for President Trump to declare a national emergency in order to seize control of this year’s midterm elections from the states, including by bracing his Senate colleagues for a vote in which they would be forced to either co-sign on the power grab or resist it.

In the wake of reporting last week that conservative activists with connections to the White House were circulating such an order, Padilla sent a letter to his Senate colleagues Friday stating that any such order would be “wildly illegal and unconstitutional,” and would no doubt face “extremely strict scrutiny” in the courts.

“Nevertheless, if the President does escalate his unprecedented assault on our democracy by declaring an election-related emergency, I will swiftly introduce a privileged resolution [and] force a vote in the Senate to terminate the fake emergency,” wrote Padilla, the ranking Democrat on the Senate Committee on Rules and Administration.

Padilla wrote that such an order — which could possibly “include banning mail-in voting, eliminating major voting registration methods, voter purges, and/or new document barriers for registering to vote and voting” — would clearly go beyond Trump’s authority.

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“Put simply, no President has the power under the Constitution or any law to take over elections, and no declaration or order can create one out of thin air,” Padilla wrote.

The same day Padilla sent his letter, Trump was asked whether he was considering declaring a national emergency around the midterms. “Who told you that?” he asked — before saying he was not considering such an order.

The White House referred The Times to that exchange when asked Tuesday for comment on Padilla’s letter.

If Trump did declare such an emergency, a “privileged resolution,” as Padilla proposed, would require the full Senate to vote on the record on whether or not to terminate it — forcing any Senate allies of the president to own the policy politically, along with him.

Experts say there is no evidence that U.S. elections are significantly affected or swung by widespread fraud or foreign interference, despite robust efforts by Trump and his allies for years to find it.

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Nonetheless, Trump has been emphatic that such fraud is occurring, particularly in blue states such as California that allow for mail-in ballots and do not have strict voter ID laws. He and others in his administration have asserted, again without evidence, that large numbers of noncitizen residents are casting votes and that others are “harvesting” ballots out of the mail and filling them out in bulk.

Soon after taking office, Trump issued an executive order purporting to require voters to show proof of U.S. citizenship before registering and barring the counting of mail-in ballots received after election day, but it was largely blocked by the courts.

Trump’s loyalist Justice Department sued red and blue states across the country for their full voter rolls, but those efforts also have largely been blocked, including in California. The FBI also raided an elections office in Georgia that has been the focus of Trump’s baseless claims that the 2020 presidential election was stolen from him.

Trump is also pushing for the passage of the SAVE Act, a voter ID bill passed by the House, but it has stalled in the Senate.

In recent weeks, Trump has expressed frustration that his demands around voting security have not translated into changes in blue state policies ahead of the upcoming midterm elections, where his shrinking approval could translate into major gains for Democrats.

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Last month, Trump wrote on his Truth Social platform, “I have searched the depths of Legal Arguments not yet articulated or vetted on this subject, and will be presenting an irrefutable one in the very near future. There will be Voter I.D. for the Midterm Elections, whether approved by Congress or not!”

Then, last week, the Washington Post reported that a draft executive order being circulated by activists with ties to Trump suggests that unproven claims of Chinese interference in the 2020 election could be used as a pretext to declare an elections emergency granting Trump sweeping authority to unilaterally institute the changes he wants to see in state-run elections.

Election experts said the Constitution is clear that states control and run elections, not with the executive branch.

Democrats have widely denounced any federal takeover of elections by Trump. And some Republicans have expressed similar concerns, including Sen. Mitch McConnell (R-Ky.), who chairs the Senate rules committee.

In the Wall Street Journal last year, McConnell warned against Trump or any Republican president asserting sweeping authority to control elections, in part because Democrats would then be empowered to claim similar authority if and when they retake power.

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McConnell’s office referred The Times to that Journal opinion piece when asked about the circulating emergency order and Padilla’s resolution.

Padilla’s office said his resolution would be introduced in response to an emergency declaration by Trump, but hoped it wouldn’t be necessary.

“Instead of trying to evade accountability at the ballot box,” Padilla wrote, “the President should focus on the needs of Americans struggling to pay for groceries, health care, housing and other everyday needs and put these illegal and unconstitutional election orders in the trash can where they belong.”

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