Newsom’s Prop.63 Standard Capacity Magazine Ban Gets Smack Down from 9th Circuit


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Newsom’s Prop.63 Standard Capacity Magazine Ban Gets Smack Down from 9th Circuit

California – -( A three-judge panel of the Ninth Circuit Court of Appeals has upheld a lower court’s decision to halt the implementation of Proposition 63, which was passed by California voters in 2016 and set in motion the prohibition of magazines that hold more than 10 rounds of ammunition.

“This is a stunning smackdown of Lt. Governor Gavin Newsom’s anti-gun agenda,” said Sam Paredes, Executive Director of Gun Owners of California. “This decision is encouraging – especially since this will likely be appealed to the full court.”

In the immediate aftermath of Proposition 63, a legal challenge was initiated (Duncan v. Becerra – CRPA) that cited violations of the 2nd Amendment, due process, and private property “taking” without compensation. In June of 2017, just days prior to implementation, U.S. District Judge Roger Benitez agreed with the challenge and issued a preliminary injunction, stating that the standard capacity ban undermines the rights guaranteed by the 2nd Amendment and “amounts to the government taking people’s property without compensation.”

The Judge further stated, “If this injunction does not issue, hundreds of thousands, if not millions, of otherwise law-abiding citizens will have an untenable choice: become an outlaw or dispossess one’s self of lawfully acquired property.” Judge Benitez also made the distinction that the “Constitution is a shield from the tyranny of the majority.”

“These words are as significant this year as they were in 2017, and we fully applaud the Circuit Court of Appeal’s support of Judge Benitez’ that this “law” would have criminalized thousands of citizens who have legally owned high capacity (standard/traditional) magazines,” said Paredes.

Of the three judges on the panel, one dissented with the Benitez ruling and there is a strong possibility that it will be appealed to the full 9th Circuit.

Paredes asserted that “Given that this left-leaning court currently has a number of vacancies yet to be appointed by President Donald Trump, GOC is hopeful that new judges will represent a turn from the anti-2nd Amendment rulings of the past and thus breathe new life into the judiciary’s view of our Constitutional rights.”

California’s Attorney General Xavier Becerra weighed in last year supporting the ban, stating that “Proposition 63 was overwhelmingly approved by voters to increase public safety and enhance security in a sensible and constitutional way…I will defend the will of California voters because we cannot continue to lose innocent lives due to gun violence.”

Gun Owners of California could not disagree more; we will, therefore, continue to support the legal efforts of CRPA on this and other cases that impact the 2nd Amendment. For detailed information on this particular challenge, click here.

Gun Owners of California
Gun Owners of California

About Gun Owners of California

Gun Owners of California is dedicated to the unequivocal defense of the 2nd Amendment, and America’s extraordinary heritage of firearm ownership.

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Patrick Sperry

Nothing new here really. A three Judge panel strikes something down. Then it gets appealed to the entire 9th circus, and the oppression never ceases…


After hearing that news I tried to purchase some mags from two different companies and the answer was the same, NO
Like the article says, good citizens being treated like criminals

Arthur Vasquez

So can we buy “high capacity magazines ” now????

James Andrews

Apparently so……..what the idiot anti-gun nuts don’t get, is that people would find them via the black market eventually…..

Wild Bill

@Arthur and James, What is “high capacity”? Who decided that? And by what authority did they come to that definition?


the names address and phone numbers of every anti gun elected official in calif should be published for all to see exactly where they live

Wild Bill

, don’t leave out the judges, bureaucrats, and police chiefs.


f becerra & newsom