NRA & CRPA WIN: Federal Court Strikes Down California’s Gun Magazine Ban

A Magazine Ban is a Gun Ban
A Magazine Ban is a Gun Ban

California – -(AmmoLand.com)- Today, a federal district court issued a decision permanently enjoining California from enforcing its restrictions on standard capacity magazines capable of holding more than 10 rounds.

This monumental victory comes in the NRA and CRPA supported lawsuit titled Duncan v. Becerra, which challenges all of California’s laws banning so-called “large-capacity” magazines.

In issuing its decision, the court notes that “[c]onstitutional rights stand through time holding fast through the ebb and flow of current controversy,” and that governments cannot turn “millions of responsible, law-abiding people trying to protect themselves into criminals” for simply exercising their Second Amendment rights.

California will no doubt appeal the decision to the Ninth Circuit. Given that Duncan is not yet final, California gun owners should still exercise caution when interacting with law enforcement. NRA and CRPA attorneys will soon update members on what exactly this ruling means for California gun owners.

More details and guidance will be provided in future NRA and CRPA information bulletins. To stay up-to-date on the Duncan case and other important Second Amendment issues affecting California gun owners, visit www.nraila.org/campaigns/california/stand-and-fight-california/. And be sure to subscribe to NRA-ILA and CRPA email alerts by visiting www.nraila.org/sign-up and www.crpa.org.


Additional Comments by Anthony Colandro


Duncan v. Becerra by AmmoLand Shooting Sports News on Scribd

  • 53 thoughts on “NRA & CRPA WIN: Federal Court Strikes Down California’s Gun Magazine Ban

    1. If a federal judge ruled on this, won’t this effect all states (specifically NY). How and the dictator Cuomo go against a federal judge?

    2. So does this strike down all of these 10+ round limit laws nationwide? Can my 15-round Glock mags in NJ come out of hiding from the attic?

      1. No. This ruling applies only in the Southern District of California, since that’s where this Federal District Judge is located. It will likely be appealed to the Ninth Circuit Court of Appeals, which has authority over the states of the West Coast. If it survives appeal, it would apply to those states. It would require either a ruling by the Third Circuit Court of Appeals, which covers New Jersey, or the Supreme Court of the US, to apply in NJ.

    3. California has a lower gun violence rate per capita than states with lax gun safety laws. Allowing large capacity magazines designed to make firearms more lethal against other human beings is not a gun safety friendly decision and it will be overturned on appeal. Gun safety laws work and responsible gun owners embrace gun safety.
      Nobody “won” here except the gun and ammo manufacturers selling increasingly lethal firearms designed for killing human beings. You don’t need a large capacity magazine to hunt any game animal.
      And Oliver North is still a convicted gun trafficker.

      1. Oliver North’s convictions were reversed. After further hearings on the immunity issue, Judge Gesell dismissed all charges against North on September 16, 1991.

      2. och will,
        are you whistling dixie, or are you high? California crime rates, by democrat criminals, and illegal alien criminals, and criminal gangs, and the cartels is 3x-4x the rate of other states! 10x the rate of legal carry states. I’ve worked federal law enforcement in California for 35 years, andjust because liberal communist democrat judges refuse to prosecute any minimum mandatory laws (18 USC 922 g (3), doesn’t make crimes involving guns decrease!

      3. och will,
        time to quit the drugs and coolaide! Californiahas way over 10x the crimes involving guns that 2nd ammendment states, and legal carry states have. As a 35 year fed in California, I can tell you that just because communist democrat judges refuse to hear minimum mandatory gun crime cases (18 USC 922 g (3)) doesn’t mean they don’t occur! Crimes involving guns, perpetrated by democrat cartel members, democrat gang bangers, democrat drug smugglers, democrat illegal aliens, and democrats with no cause and effect genes, in California, far exceed the crimes involving weapons in all states that don’t have any communist democrat useful idiots in power.

      4. Not true at all. There is basically zero correlation between gun safety laws and gun violence rates at the state level. If anything, the correlation is very slightly in favor of so-called lax gun laws (though this is not statistically significant at all). At the city level, it’s not even close. Cities with the strictest gun laws have the highest gun violence rates. However, this isn’t really a fair comparison, since smaller cities tend to have much lower rates of organized gang and drug activity, which is the single largest driver of gun violence in the US.

      5. Oh look, another anti-gun troll woth his misinformation.
        Hey stupid, the second amendment is not about hunting.

    4. Well, this will be appealed to the 9th circus court and they will over turn it. Then SCOTUS will hear the case and rule in favor of the District court decision. The really good news is this will cause all anti gun laws to be unconstitutional . Peruta will be granted cert and ruled unconventional and California will be forced to become a ” shall issue ” state . California, this is going to bring you back into the folds of our constitutional republic !

    5. Great day for 2nd amendment in California.

      Based on the this ruling, will we as residents be able to find and purchase standard capacity mags at CA retailers again? It seems no one knows yet.

    6. How about going to court against Colorado, and any other state that has enacted laws infringing on our rights regarding magazine capacities?

    7. No court in the land has jurisdiction over a god given right. They can play games all they want. In the end it’s every citizens duty to uphold the constitution and practice their god given rights.

    8. Well well a lot of well thought out comments we have here. This is exactly what they want. First they are not high capacity magazines, they are factory magazines. Words matter when your dealing with people who are under educated. Yes they are not ignorant like progressives! We need to show the middle that we are the intelligent and way better behaved. At a shooting range I ve never seen poor behavior. Everybody is so nice and respectful and helpful. When I discuss firearms I know that idiots will never change their lack of mind. But, I also know their are others listening. So take the word of someone who s genetic code has been hunted for over 60 centuries. We need to use our superior knowledge and intelligence to out maneuver them. For example The Progressives use suicides to pump up “gun violence” well our rates are the same as Britain! Japan is double ours and Switzerland is way lower and more educated.. OOOps there go 30 to 40 thousand deaths and now I can claim that they are heartless and don t want to help people who need help. This combined with the fact that physically they know I will not back down. I weigh 220lbs. I could go on, but it is a balance of strength and intelligence that always wins the day! Glad we won this skirmish and more to come

      1. Years ago I purchased an AR15, which came with a 10rd mag from the factory. A factory magazine as your definition would surmise. I then purchased an after market 20rd, some 30rd, yep couple 40 & 60rd mags, and even picked up a couple 50rd and 100rd drum mags. I reckon those too were made in some factory so would equally qualify as factory mags. My Glock 21 comes with a 13rd mag, yet I purchased some aftermarket mags which hold more; as such, factory made, yep, high capacity, compared to the Glock factory mag, yep!

        Instead of demeaning those who say high capacity mags, maybe we should call out idiots like the democrat who stated during the recent Judiciary Committee Hearing on Red Flag Laws, paraphrasing, “my state limits 3, 4 or 5rd mags, whatever it is for deer hunters, giving the deer a better chance of survival, should not children get same”?

        We should ask this moron if he was referring to the children surviving abortions, cause obviously he is not talking about those that did not, which he and others of like mind support their compelled non-existence!

        1. Sorry AR s are designed to use a 20 rd magazine, and later 30 rd mags were introduced. A 10 rd magazine is a compliance magazine and a 5rd magazine is also a compliance magazine for hunting I believe. Glock 17 s come from the factory with 17rd etc etc….. These are all OEM or factory magazines and none of them have anything to do with Roe v Wade.

    9. The only way to stop this assault is to do exactly what they are doing to the NRA and law-abiding gun stores. File lawsuit after lawsuit against those states, politicians, sheriffs, police chiefs and anyone else who violate the constitution and our rights. There are plenty of attornies that will take these cases for their standard 30% fee. With decisions like this and other previous SCOTUS decisions to support them, the chances of success grow. When they get choked by an onslaught of litigation from every lawful citizen, they might start relooking at what they are doing. The only other option is another civil war and I don’t advocate that at all. We can no longer wait for SCOTUS to put their foot down on these actions.

      1. there IS another option, but I can’t quite figure out how to effect that one.

        As every one of these politician critteres took their position of power/control over we peons, they swore an oath to uphold, defend, support, abide by the US Constittution and that of their own state. Becerra the Beast did so, as did every one of the congresscritters in California who drafted, proposed, stumped for, and voted into “law” the piece of code this case declares is unconstitutional. That means everyone who worked to get this stuff enacted into law, or voted for it, broke their oath of office. No question.. this court declares this law unconstitutional, thus its supporters and enablers violated their oath of office.

        That is a felony perjury crime, and if such crimes would begin to get prosecuted, perhaps these two bit law-hackers might, after a few of them become felons, might begin to wake up and realise the US Constituton IS the supreme law of the land, and they can’t just go on about their day and ram such unconstitutional trevesties down our throats.

        A felony conviction, in case anyone forgets, means no guns, no holding public office, no lawyering or judging any more, no public empllyment except maybe to drive a garbage truck.

        Half a dozen lawbreakers meet this fate, the rest might begin to make some informed decisions that they need t READ and LEARN what the Constitutions say…….. and not work toward undermining them.

    10. God bless that court. I hope our dumb ass gov. Kate Hate Brown here in Oregun gets the message and the rest of the world like New Zealand realizes they are not going to change America with thier wacked out thinking and actions in court, legislature or in person.

    11. Well this conversation went off the rails fast! No doubt Becerra and his clowns in the peoples republic of california will appeal to the 9th. I would anticipate an overturn of the District, but considering this case along with NJ, Conn might push SCOTUS to settle the matter. If you’re in the prc look north. I was pleasantly surprised to see and hear the State of Jefferson movement. 29 County gov’ts have voted in favor of the action. The movement needed $500K to pursue their action plan and quickly raised $750K. That/those court hearings will be fun to watch! While there are several issues raised they steep from 2A arguments. Go North State!!!

    12. A win is a win, even in the District Court. A well penned decision by the Southern District. The Ninth Circuit Appellant Court, the most reversed court by the Supremes, no doubt will chime in with their wisdom.

      Who knows, has President Trump been successful in getting enough Judges appointed to bring constitutional jurists to the 9th Curcuit Appellant Court with Senate Majority Leader McConnells push?

      In the meantime, our law abiding firearm owners from the Great State of California should rejoice with some optimism with this ruling, all the while remaining cautious fully aware a long process is now in play to perfect this ruling, so the current draconian law as rulled unconstitutional is still in full force and effect.

      Hey, our friends from the Great State of New Jersey should have a gleam of hope overturning the high capacity magazine ban forced upon them.

      Of further importance, this ruling also discusses the Taking Clause of the Constitution, which equally applies to the ATF’s administrative flip flop relative to bump stock operation.

      Thanks to the National Rifle Association, Gun Owners of America, Firearm Policy Foundation, Missouri Firearm Coalition, and all the other Organizations, Associations, and Foundations who’s Members stand strong in supporting and defending Our Republic.

      1. From what I heard from NJ, the citizens there refused to comply and gave those 2 arsewipes (The governor and the Attorney General) the finger in return for all their TREASON. The both of them should be dragged out of bed at 3 am to face a military tribunal waiting for them on their front lawns.

    13. the 9th cervix-court will respond in true Constitution-traitor fashion, never fear. and illegals are more important than steinle-type victims, right?

    14. New york,washington,and california all 3 are an embaressment to the united states and our constitution.its sad to say that but fact is fact

    15. This is fool’s gold.. this is how they constantly demoralize gun owners.. the decision will be reversed in the ninth circuit.. and the Supreme Court will refuse to hear it.. we are like mice.. they give us cheese and we rejoice.. then we realize we’re on the sticky paper..

    16. CA and the other blue utopias are an offense to natural law and an offense to right thinking. Fight them at every turn. The statement ‘California gun owners should still exercise caution when interacting with law enforcement’ is an understatement. It should read “Liberty loving people everywhere should always exercise caution when interacting with CA authoritarians under any circumstances.”

    17. When will the Fascist Taliban understand,Nobody gives a crap about their feelings and they don’t override Civil Rights.

      1. your Wirdz of WhizDumb don’t appear in three minutes and you’re throwing a hissy fit?

        Yea, why don’t YOU go join the other children in California that repeatedly elect the sorts of politicians that enact such pieces of garbage under colour of “law”……

    18. Your state is a complete mess. Probably why New Yorkers come to NH where I live to buy their Liquor and cigarettes. We have no gun issues here.

      1. @Steve Miller, Their state is a complete mess because it is over run by illegal aliens, who are being stopped at the southern border, by Trump. A Second Amendment based judicial win in the fed court because Trump is draining the judicial swamp. Maybe things are turning because we are pushing.
        PS Ammoland can be overwhelmed and get slow, but it does not censor. I think you have proved that.

    19. Law Abiding Gun Owners should not have their Second Amendment rights restricted. Enforce the existing gun laws of American Citizens. Prosecute those not legally able to own any gun.

    20. I second Randy’s comment. New York is really getting hard to be a lawful gun owner. Cuomo won’t be happy until nobody can possess a firearm. He can’t figure it out that criminals don’t follow gun laws and that it just hurts the gun owners that follow the laws. New laws don’t deter crime. Need to prosecute the laws to the fullest extent of the law and stop plea bargains. Put the criminals where they belong. Oh that’s right, Cuomo wants to shut prisons down too!

    21. Will someone come and stand.for the law abiding citizens of New York State? We have more regulations on our 2nd Amendment that is only or possibly more restrictive than Chicago. We Need Help Here!

      1. They are doing the same thing here in Washington state. The Republican party here is a joke to the point of being collaborators.

        1. “I feel sorry for living in NY. Run by a bunch of morons”.
          New York has a lower per capita level of gun violence than most states because it has strict gun safety laws.

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