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

52 Comments
Inline Feedbacks
View all comments
Sambo
Sambo
2 years ago

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?

karlhungus53
karlhungus53
2 years ago

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?

Dan
Dan
2 years ago
Reply to  karlhungus53

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.

och will
och will
2 years ago

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.

Get Out
Get Out
2 years ago
Reply to  och will

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

David Hernandez
David Hernandez
2 years ago
Reply to  och will

Who said I wanted large capacity mags to hunt animals ???

mike hooper
mike hooper
2 years ago
Reply to  och will

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!

mike hooper
mike hooper
2 years ago
Reply to  och will

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… Read more »

Dan
Dan
2 years ago
Reply to  och will

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.

Link
Link
2 years ago
Reply to  och will

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

reb
reb
2 years ago
Reply to  och will

och will is atypical liberal , socialist , commie

EdH
EdH
2 years ago

More More More More More…………

191145
191145
2 years ago

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 !

191145
191145
2 years ago
Reply to  191145

Oops, auto correct, unconstitutional .

Bryan
Bryan
2 years ago
Reply to  191145

This is the first step in overturning the Hughes amendment.

George Eli Sanchez
George Eli Sanchez
2 years ago

I’m your face Demo-rats and the rest of them gun grabbers.

Graham
Graham
2 years ago

How about fighting the (bump) stock ban?
A very clear infringement…

Francis
Francis
2 years ago

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.

Zach
Zach
2 years ago
Reply to  Francis

Yes. I believe so. A lot of online sellers are already shipping to us now

Hightower
Hightower
2 years ago

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

Drill D.
Drill D.
2 years ago
Reply to  Hightower

The CA will end up in SCOTUS so it will eventually apply to CO.

Jdoc
Jdoc
2 years ago

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.

JohnL
JohnL
2 years ago

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… Read more »

John
John
2 years ago
Reply to  JohnL

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… Read more »

JohnL
JohnL
2 years ago
Reply to  John

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.

Chiefton
Chiefton
2 years ago

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… Read more »

Tionico
Tionico
2 years ago
Reply to  Chiefton

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… Read more »

musicman44mag
musicman44mag
2 years ago

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.

Kevin Donohue
Kevin Donohue
2 years ago

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… Read more »

John
John
2 years ago

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… Read more »

TheHolyCrow
TheHolyCrow
2 years ago
Reply to  John

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.

Joseph Swistok
Joseph Swistok
2 years ago

What about New Jersey’s ban, they also have a 10 round limit?

m.
m.
2 years ago

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

Robert
Robert
2 years ago

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

24and7
24and7
2 years ago

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..

n r ringlee
n r ringlee
2 years ago

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.”

Green Mtn. Boy
Green Mtn. Boy
2 years ago

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

Steve Miller
Steve Miller
2 years ago

This column is censored Fuck You!

James G
James G
2 years ago
Reply to  Steve Miller

I see you are a very intelligent individual. California needs more people like you.

Tionico
Tionico
2 years ago
Reply to  Steve Miller

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”……

Steve Miller
Steve Miller
2 years ago

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.

Wild Bill
Wild Bill
2 years ago
Reply to  Steve Miller

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.

Vanns40
Vanns40
2 years ago
Reply to  Steve Miller

Steve: You have “no gun issues” there? I guess you’re not much of an activist or, being kind, perhaps you live without radio or tv and don’t follow Ammoland!

Let me help you cure your ignorance:

https://www.ammoland.com/2019/03/new-hampshires-house-advances-demcorats-anti-gun-bills/

Steven Miller
Steven Miller
2 years ago

I wish I could. I live in NH. We have no restrictions or gun violence either.

Wild Bill
Wild Bill
2 years ago
Reply to  Steven Miller

@SM, What is “gun violence”? I can’t get my guns to cuss much less commit violence.

Steve Miller
Steve Miller
2 years ago

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.

Kevin L.
Kevin L.
2 years ago

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!

m.
m.
2 years ago
Reply to  Kevin L.

to be expected from a cu-homo in gub-ment. no offense intended to any same-named potg-patriots.

Randy
Randy
2 years ago

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!

DAVID STANSBURY
DAVID STANSBURY
2 years ago
Reply to  Randy

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

s Miller
s Miller
2 years ago
Reply to  Randy

I feel sorry for living in NY. Run by a bunch of morons.

och
och
2 years ago
Reply to  s Miller

“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.