If you’ll remember, back in 2017, Judge Roger Benitez struck down California’s ban on standard capacity magazines the state had arbitrarily ruled to be “high capacity.” That ruling was, of course, overturned by an en banc Ninth Circuit ruling. The case was then appealed to the Supreme Court where it sat until Bruen was decided. … Read more
I spent much of the last week assisting my brilliant colleagues in preparing their supplemental brief in Duncan v. Bonta. This is the magazine-capacity case that kicked off the now-famous âfreedom weekâ in California in 2019. Our win in district court was affirmed on appeal by a 3-judge panel, but then was reversed by … Read more
Last month, an en banc ruling by the Ninth District Court of Appeals upheld California’s ban on so-called high capacity magazines…basically any magazine that will hold more than ten rounds of ammunition. The ruling outlaws the possession of millions of magazines legally bought and owned by law-abiding gun owners in the state, including those shipped … Read more
By Larry Keane The second-class treatment of Second Amendment rights continues. The U.S. Court of Appeals for the Ninth Circuit in Duncan v. Bonta ruled en banc that Californiaâs ban on standard capacity magazines does not violate the Second Amendment, overturning a lower court decision that held the ban was unconstitutional. The Ninth Circuit ignores historical context, and cherry-picks … Read more
By Don Thompson, AP The Ninth U.S. Circuit Court of Appeals overturned two lower court judges and upheld Californiaâs ban on high-capacity magazines Tuesday in a split decision that may be headed for the U.S. Supreme Court. âThe statute outlaws no weapon, but only limits the size of the magazine that may be used with … Read more
By Chuck Michel Yesterday an 11-judge panel, sitting en banc, heard oral arguments in Duncan v. Bonta (formerly Duncan v. Becerra). The California Rifle & Pistol Association lawsuit, which challenges Californiaâs flat ban on magazines capable of holding more than 10 rounds of ammunition, was the first successful constitutional challenge to bans on so-called âlarge-capacity magazinesâ in the … Read more
Kris Brown, president of the gun-control nonprofit Brady, said the U.S. Supreme Court is unlikely to back Benitezâs rulings if either case reaches the high court. âI cannot imagine the court rubber-stamping those opinions — theyâre lacking in logic,â Brown said. Pointing to Benitezâs ruling in the assault-weapons ban case, in which the judge compared … Read more
From the Firearms Policy Coalition . . . Yesterday, the Firearms Policy Coalition announced the filing of an important brief with the en banc Ninth Circuit Court of Appeals in Duncan v. Becerra, a case challenging Californiaâs ban on magazines capable of holding more than 10 rounds of ammunition. The brief is available online at FPCLegal.org. … Read more
Last summer a three-judge panel of the ninth circuit ruled, in a 2-1 decision, that California’s “high capacity” magazine ban was unconstitutional. As expected, California’s Attorney General immediately appealed the ruling in the case, Duncan v. Becerra, because as the AG said that the time . . . âOur commonsense gun safety measures here in … Read more
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