ALERT - Ninth Circuit Holds "Large Capacity" Firearm Magazines Protected by 2nd Amendment, Affirms District Court Ruling

Sacramento, CA (August 14, 2020) — Today, the Ninth Circuit Court of Appeals held California’s “large-capacity magazine” ban unconstitutional in Duncan v. Becerra, in which Firearms Policy Coalition (FPC) and Firearms Policy Foundation (FPF) filed an important brief, authored by FPC’s Director of Research Joseph Greenlee. The brief was joined by the California Gun Rights Foundation (CGF), Second Amendment Foundation (SAF), Armed Equality (AE), San Diego County Gun Owners (SDCGO), Orange County Gun Owners (OCGO), Riverside County Gun Owners (RCGO), and California County Gun Owners (CCGO). It is available online at FPCLegal.org.

The court spent several pages of its analysis considering whether the magazines are “dangerous and unusual,” an issue argued only in the FPC/FPF brief. In addition to finding that the “large-capacity magazines” are commonly used for lawful purposes, and thus necessarily not “dangerous and unusual,” the court engaged in a historical analysis, finding that “[f]irearms with greater than ten round capacities existed even before our nation’s founding, and the common use of LCMs for self-defense is apparent in our shared national history.”

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“We couldn't be more pleased that Californians will soon be able to select the arms they're most comfortable with to defend themselves and their families,” said Joseph Greenlee, FPC’s Director of Research.

“We are thrilled to see a well reasoned opinion that protects Second Amendment rights coming out of the Ninth Circuit,” stated Adam Kraut, FPC’s Director of Legal Strategy. “All too often judges apply their policy preferences rather than look at the text of the Constitution itself. Millions of Californians will soon be able to defend their hearth and home without having to handicap their ability to do so by using a magazine arbitrarily limited to holding a mere ten rounds of ammunition.”  

FPC would like to thank all our members and supporters who made this huge win for the Second Amendment possible. You truly are the heart of our Grassroots Army!

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FAST FACTS

What happened: A panel of the 9th Circuit Court of Appeals affirmed (by a 2-1 vote) a federal district court's ruling that so-called "large capacity" magazines are protected by the Second Amendment. (ORDER HERE.)

What's next: The California ban remains partially in effect until the district court issues a new order that lifts the stay of the judgement. Remember that in April 2019, following his ruling that the California magazine ban was unconstitutional, Judge Benitez ordered that the Judgment is stayed in part pending final resolution of the appeal from the Judgment. The permanent injunction enjoining enforcement of California Penal Code § 32310 (a) and (b) is hereby stayed, effective 5:00 p.m., Friday, April 5, 2019. The preliminary injunction issued on June 29, 2017, enjoining enforcement of California Penal Code § 32310 (c) and (d) shall remain in effect.

What it all means: Thus, until a new order is issued, the above is the state of the law in the State of California. It is possible that Judge Benitez issues a new order and allows sales to re-commence, but it seems more likely that the status quo is maintained until the resolution of any en banc petition, sua sponte call for rehearing en banc, en banc proceedings, or perhaps even a petition for certiorari to the U.S. Supreme Court. Stay tuned and watch this page for updates!

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