From Ammoland, Huge Win For Gun Owners In California Standard Gun Magazine Case. In the court’s conclusion, it states that the ban on standard capacity magazines (which the court notes comprize half of all magazines in the US) “substantially burdens the core right of self-defense guaranteed to the people under the Second Amendment. It cannot stand.”
oday the California Rifle & Pistol Association received the much-anticipated ruling in the long-fought Second Amendment case Duncan v. Becerra. This is the same case that led to “Freedom Week” where thousands of Californians were able to lawfully purchase standard capacity magazines much like the rest of the country.
CRPA has been fighting since the 30,000+ member-driven organization filed the case back in 2017, and has led the fight through the courts with the assistance of the National Rifle Association.
Initially won through a positive ruling by the United States District Court in San Diego, the state quickly appealed — and Judge Benitez was forced to stay his ruling to allow the purchase of magazines holding more than 10 rounds of ammunition until the appeal was made to the Ninth Circuit. CRPA’s legal team quickly answered the State’s appeal and presented oral arguments.
“Today’s decision in Duncan v. Becerra is a major victory for the Second Amendment, both in California and across the country,” said Chuck Michel, president and General Counsel of the California Rifle & Pistol Association.
In its case, CRPA demonstrated how prohibiting law-abiding citizens from manufacturing, obtaining, selling, transferring, or even possessing standard-issue magazines for firearms violates the constitution.
“After years of fighting, the Court decided in favor of our plaintiffs’ challenge against the state’s ban on standard capacity magazines that hold more than 10 rounds,” said Michel.
Read the complete opinion from the 9th here:
Duncan v. Becerra Ruling
The court noted that the state’s efforts to ban these [gun] magazines does not pass the strict scrutiny or intermediate scrutiny tests and is a heavy burden on the Second Amendment rights of Californians.
“This is a huge win specifically for the right to possess these valuable self-defense tools. But more generally, this case may present the Supreme Court with an opportunity to set things straight on the underlying issue of what the standard of review test should be when considering any Second Amendment challenge,” Michel said.
“The Supreme Court seems inclined to do away with the complicated subjective tests that many courts have wrongly applied in Second Amendment cases, in favor of a clearer more objective “originalist” approach that considers the text, history and tradition of a law to determine what infringements might be tolerated,” he concluded.
CRPA continues to fight in nearly a dozen major court battles to protect and defend the Second Amendment in California. Our attorneys are reviewing the order now to determine what this means for FFLs and gun owners in California and more information will be made available soon.