Ripple Effects from the California Magazine Ban Decision

High Capacity Magazines 223 Ammunition Ammo
Ripple Effects from the California Magazine Ban Decision

California/United States – -( When we discussed how the political landscape could change on Second Amendment issues, one of the things we mentioned that could do that are court decisions. One of those that could be decisive is Duncan v. Becerra, which is now on appeal to the 9th Circuit Court of Appeals.

The initial ruling shot down California’s ban on possession of magazines holding more than ten rounds. What was extremely important in that decision was the rationale for the ruling. Judge Roger T. Benitez ruled that because standard capacity magazines were in common use for lawful purposes, he applied a test that knocks out many of the gun bans that are being called for by the likes of Joe Biden, Eric Swalwell, Andrew Cuomo, Elizabeth Warren, Cory Booker, and Jerrold Nadler.

But he also struck down the magazine ban under any other standard, including the “reasonable fit” standard. What is true of those standard-capacity magazines also becomes true of semi-automatics, including the modern multi-purpose semiautomatic firearms that are being targeted for confiscation by some.

What would that mean if this were to be upheld by the Supreme Court?

For one thing, it would be a devastating blow to the anti-Second Amendment groups. A Supreme Court ruling along the lines of Judge Benitez’s would probably make it virtually impossible for groups like Moms Demand Action to get anywhere with gun bans.

Granted, they will still have their hard core, but in a very real sense, those who are on the fence on Second Amendment issues will largely accept the Supreme Court’s ruling. Some of the not-so-hardcore anti-Second Amendment, like Tulsi Gabbard, might even cross over in the wake of the ruling.

That’s the good news of the Duncan ruling being upheld. Now for the effects that will be a mixed bag: In corporate America, we will see a massive push to have gun control imposed via corporate boardrooms – from Citi to Google. Here, we will likely see a number of initial setbacks, especially as firearms manufacturers and FFLs cut off from the financial network will be pushed to – or beyond – the edge of survival.

But it will also go beyond the financial and internet markets. Advertising and PR agencies will likely shut them out as well. In addition, even as the right is won, there will be a concerted effort to blacklist anything connected to the NRA. Laws like the one passed by Los Angeles will spread.

By the same token, though, the affirmation of the Second Amendment through a ruling like Duncan could also cause a public backlash against such efforts. One way to ensure this would be to use emotional stories centered around FFLs and those in the firearms industry. This could be a campaign for Ackerman-MacQueen to take on – as one of the few PR firms out there that is explicitly Second Amendment, it could be a valuable resource for companies and FFLs to fight back against corporate gun control.

There would be one other effect, one that would probably be the biggest downside of a win for Second Amendment supporters in the Duncan case: Complacency could set in among some Second Amendment supporters. When the Supreme Court struck down handgun bans, far too many thought there had been a decisive win and let up their efforts to a degree.

The result was eight years of Barack Obama, and when Newtown happened, the fight was back on. It got worse as Obama and Clinton appointees upheld gun bans and claimed it was in accordance with the Heller and McDonald rulings. The good news, Second Amendment supporters fought back, and turned it around, but not without some losses.

After a SCOTUS victory in the Duncan case, you can bet anti-Second Amendment extremists will redouble their efforts to take power and pack the courts. It may sound odd to say this, but Second Amendment supporters will have to fight even harder should SCOTUS uphold the District Court’s ruling.

Harold Hu, chison

About Harold Hutchison

Writer Harold Hutchison has more than a dozen years of experience covering military affairs, international events, U.S. politics and Second Amendment issues. Harold was consulting senior editor at Soldier of Fortune magazine and is the author of the novel Strike Group Reagan. He has also written for the Daily Caller, National Review, Patriot Post,, and other national websites.

  • 46 thoughts on “Ripple Effects from the California Magazine Ban Decision

    1. Hmmm, It’s estimated there are 15 million gun owners in California. Imagine if they all bought just five “standard 30 round magazines” when the ban was lifted? Lesson learned for anti-gunners is when you continue to squawk and push to ban guns, mags or other firearms components you cause a run on the products.

      1. We tried. It was out of stock almost everywhere that was selling them. This only shows how many gun enthusiasts there are in California and that we should not be discounted yer

    2. When faced with a similar situation, John Wayne said, “All it takes is money!” If the money bags are going to cut off manufacturers to spite their faces, why don’t the gun manufacturers, gun shops, and suppliers, form their own “Grange!” If they open it up to gun owners, I will be one of the first to move my money into a “secure institution!” Please keep us informed!

      1. I agree, the way to counter that particular tactic would be to form a national credit union for firearms owners and businesses. It would have dual impacts; the firearms industry would become immune to financial extortion, and the big banks would suddenly find themselves losing billions of dollars in business as account holders and peripherally related businesses abandoned them.

      2. That is why I bank with Wells Fargo. They have been showing themselves to be neutral at worst, pro-2A at best. They are one of the few banks that said no to political groups trying to force them to stand down from support of 2A business.

        If you bank with Citi and BofA, you are supporting anti gun organizations.

        Put your money where your mouth is now, you don’t need to wait for a grange to be put together.

        1. writing letters and making phone calls…I have made calls and wrote letters unrtil i’m blue in the face..i’ve donated time and money..more than i care to think about…i’ve driven to the capitol and met with politicians and i’ve collected money to donate to 2a groups…..I am tired of putting my finger in the dike and watch as more treason comes out of sacramento and D.C… we have a second amendment…as long as it’s in ur constitution thebn that should be enough to own any firearm available to our civilian population..and it should be enough for concealed carry…..if there is any pushback then the supremes need to rule on it….i am way past tired of all the niceties going on…if we need another revolution to purge the country then lets kick it off..

    3. Fight Hard If we win, you got that right but the next fight is going to be with guns in peoples hands that just have had enough of all the attacks on our god given right to defend our lives and family’s lives and that includes my gun , do all the village idiots realize hat the 2nd amendment protects the 1st amendment and vise versa , and that the 2nd amendment protects the rest of them????? if they take the 2nd away ??? then my friend you will be living on your knees a slave to the socialist government that the democrats and socialist and progressive want you to live by , I wont stand for that shit, so I rather die fighting on my feet with a gun in my hand , than live a slave on my knees………

      1. @Raymond, I suggest that we do neither. I suggest that we all pick “not corrupted yet” candidates, and throw a barbecue or backyard party for them. Invite your friends an introduce them to the fun candidate. Our most powerful tools are the system that the founders gave us and Fun.
        If the “not corrupted yet” candidate wins the primary, we defeat party corruption, socialism, and libtardism.

          1. @Sapper04, Thank you for your service as a Combat Engineer. I started life as a 12B. So … where will we get the logistics for this gun fight? Secure comms? A plan … you do have a plan? How about first formation, where will first formation be? Your house?

      2. well said Raymond….and I agree…I am way past tired of taking the high road on our God given rights only to watch the enemies of freedom gop judge shopping and have some liberal jurist strip more of our liberty away….the enemies always say “reasonable rstrictions”..but our founders said “shall not be infringed”.. and we are the militia…

    4. @ Harold Hutchinson – Tulsi Gabbard will never be a solid 2A supporter. Her service in the Army will serve her politically, but do not delude the readership, because of her Army service, regarding her 2A position.

      1. No surprise there. I had an overweight, single mom SSG working for me at Ft Devens, MA in 91. Once told me she didn’t believe in firearms and that they should all be prohibited. Told her that she was 1) in the wrong line of work and 2) that she was dumber than a sack full of 2nd Lieutenants. Not all soldiers, especially those who are (or want to be) women, are hard chargers.

      1. After coming back to the States after a five-year stay overseas, the news media or a roundtable one-sided propaganda at its finest. A source that has set the course of mass divisions in our country. It is not news any longer but entertainment making billions. Freedom of speech, constitutional, but a discussion of opposite opinions is coming to all-out aggression on both sides. A question was asked months before the last election will we enter a civil rebellion or war from a prominent source of which I can not recall; I responded with both. We are a young country and powerful, but that last readjustment was a civil war. I doubt It will be that horrible, but it could be extremely violent. News media and journalism including the opinions sections, in general, A lost art. Sad to see. Horrible in fact.

    5. This article is too negative. If an ad agency or a bank or a city opts to not do business with the gun industry there will always be another one in its place happy to take the business. When Dallas tried to back out of the NRA meeting, Indianapolis gladly stepped up. When banks got involved, Wells Fargo stepped up, and stood up for its principles. Imagine what would happen if the gun industry played dirty too, and said they would not sell to the local police dept? (Like Hornady did.) The truth is, we all rely on each other, and life goes on one way or another.

    6. The Bill of Rights protects us from Government, if anybody wishes to look up the word “regulate” it means..adjust to a particular standard, rate, amount degree etc…thus well regulated!

      1. To quote George Washington, “I disdain the militia for they lack military training and discipline, and, at the first volley run to shoot from behind trees and walls.”

        Then there are the words of James Madison and George Mason, co-authors of the 2nd Amendment. Mason indicated that militia members should be between the ages of 14 and 65 (as I recall), that their training would be limited to hunting parameters, and they would be prepared at all times to respond to a national crises with shot, powder, patches, and a firearm in good condition. Madison said that militia member should not be required to train like the military; that it would be a waste of powder and shot to do what would be considered a routine activity.

        Both men were called to appear before the legislatures of the states and explain the purpose and meaning of the 2nd. Their words are preserved in many documents of the era. After hearing their explanations, all of the states ratified the Constitution AND nearly all states since then included wording similar to the 2nd Amendment within their state constitutions. Their understanding of the word and intent was commonly accepted from 1776 until 1934 when progressives raised issue with criminals like Al Capone being armed with fully automatic firearms and such.

        The problem then as now was that law abiding people were stripped of a part of their right while criminals ignored the laws.

        1. And the Firearms Act of 1934 was as unconstitutional then as it remains today. Helps to have Libtard pansy Judges willing to do the bidding of the Nanny State.

          1. @Gunner98, You are on the money. Those who seek to empower themselves and deprive us our status as equals to government have always designed schemes like the NFA or upheld schemes like the NFA.

          2. As I recall, the plaintiff died before the court heard the case, and plaintiffs attorney was owed money and couldn’t afford to defend a case that should not have been heard . In another universe, when the plaintiff dies before the case is heard, the case is dismissed . The SCOTUS heard the case anyway, finding against a DEAD MAN that didn’t need a remedy from the court ! In so doing many firearms were banned because there wasn’t any defense .

            1. they found that the second amendment only protected weapons that were militia weapons. They did not accept that a sawed off shotgun was a militia weapon. The case (Miller Vs. the United States) was about a sawed off shotgun. Now substitute an AR-15 for the sawed off shotgun, that would have been a violation of his rights according to the ruling.

    7. It would be a great thing is the courts upheld our Constitution. Any “pushback” should be met with action to boycott such organizations. People need to know that much of the activism against our Second Amendment is top down. Meaning there is no equivalent of the NRA for anti-gun leftists. It’s funded by people like billionaire Michael Bloomberg.

      1. @Grr, You are correct, sir. Since nearly the beginning, elites have viewed the rest of us as rabble that needs to be controlled. Hamilton, O.W. Holmes, Jr, W. Wilson all sought power, and to diminish our power to stop government in its tracks. Soetoro, Page, Strzuk, Comey, Brennan, the Clintons, and others have tried to take the seizure of power to another level.

    8. Watch “We need to talk about Sandyhook” if you can find it. They keep taking it doen. 2 1/2 hours of facts by reputable journalist. Why isn’t this discussed?

      1. Because they were caught using a state trooper to say that the AR15 was used. But the truth came out, and in fact it was 2 handguns instead. The tried to manufacture evidence. Not the first time and obviously not the last.

    9. It will take more than a Supreme Court decision. It will require enforcement of the decision. Like when the president called out the National Guard in Mississippi. Like a resent case I am handling in NY. At issue is the right to possess a handgun in the home and due process. A Federal Magistrate held that “there is no right to possess a handgun in the home” so there is no deprivation and no hearing required when a permit is revoked.

      Totally contrary to the Heller decision. Now the case has been stayed pending decisions in other cases re “right to possess a handgun in the home.” one would have thought that has already been decided.

    10. Harold, you must be Wayne LaPierre’s water boy. Give more responsibility to corrupt AckMac??!? ARE YOU ON CRACK??!?

      GTFO, and take your fudd friends with you!

    11. It doesn’t really matter at this point how SCOTUS rules. If SCOTUS strikes down the CA magazine ban, which it won’t do unless four justices kick the bucket and are replaced with literal clones of Clarence Thomas, states will still enforce their bans.

      If you haven’t noticed, the “right” is a spineless sack of worthless pearl clutching crap while the left happily follows through with its threats of “by any means necessary” on every issue. There are dozens of unconstitutional and federal law violating atrocities in the headlines monthly, yet the feckless Trump DOJ doesn’t have the balls to do jack squat. The best we could hope for are some mean, juvenile tweets. Two and a half years in and it has done what? A single indictment of a single judge for letting a single illegal alien use the back door. Meanwhile, every single day, Trump’s own DHS releases over 1,000-5,000 illegals onto the street themselves. By their own choice.

      Once D’s take back the executive, do you think they’re going to attempt to prosecute states or localities which attempt to enforce magazine bans? Get a clue. You think KamalaButtigiegSandersNewsomBiden is going to tell their AG to storm the residences of all the D governors’ mansions at 4 AM and haul them away for violating a SCOTUS magazine ban ruling? Pfff…

      1. If this country would realize the obvious about guns (it’s human controlled), then logically the effort of direction to fix messes when firearms are used we’d be able to make common sense LAWS THAT WORK. Stop blaming the people who “OBEY” the laws, and start effecting the LAW BREAKERS and criminals that don’t feel compelled to.

      1. He is proving he is not smart enough to know when to cut and run as La Pieere is TOAST,it’s over for La Pieere and his band of miscreants Harold Hutchison included.

        1. …it appears, that A LOT of machinations have reared their ugly head at NRA HQ….Methinks a LOT of fingers are in that pie….And this, -just one of the larger power plays that trickled to the surface…

          Me, I put my hard earned into G.O.A. and Judicial Watch first… what little more there might be goes to N.A.G.R. and F.A.I.R. to fight illegal aliens –which as you should know IS part of the “gun control” issue…
          As Rodney King once said,…”can’t we all just get along”….

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