Federal Court Rules CA Magazine Ban Is Unconstitutional

BREAKING NEWS 4/4/2019: The decision holding California’s ban on full-capacity magazines to be unconstitutional still stands. However Federal Judge Benitez has issued a stay on sales of full-capacity magazines in California, pending appeal. This STAY ORDER goes into effect April 5, 2019 at 5:00 pm. This will temporarily halt sales of magazines with 10+ round capacity, while his decision is under appeal. Those who ordered these magazines over the past few days will be able to take possession, but the doors are shut again for the time being. TEXT of STAY ORDER.

Full-capacity magazines are legal again in California. This is big news for the Golden State, where sales of magazines holding more than 10 rounds have been banned for nearly two decades. Why the change — why can Californians buy 20- and 30-rounders again? The answer is that the California mag ban was ruled unconstitutional by a Federal Judge on March 29, 2019.

In the Duncan v. Becerra case, Federal District Court Judge Roger Benitez ruled that the California laws banning full-capacity magazines were invalid under the Second Amendment of the U.S. Constitution. Judge Benitez wrote “Individual liberty and freedom are not outmoded concepts,” and declared unconstitutional California’s restrictions on magazines holding more than 10 rounds. READ Full Opinion HERE.

As background, California has prohibited sales of full-capacity magazines since 2000. But citizens who owned mags with 10+ capacity were allowed to keep them — until recently. A new law required magazine owners to destroy or surrender their magazines. This prompted a new NRA lawsuit which resulted in the ruling by Federal Judge Benitez.

California’s State Attorney General will appeal Judge Benitez’s decision to the 9th Circuit Court of Appeals, known for its left-leaning bias. But in the meantime, the doors are open. Full-capacity magazines are now legal to purchase and own in California.

According to ABC News in Fresno, CA: “Ammunition stores are eagerly welcoming back California customers after the state’s nearly twenty-year ban on high-capacity magazines. The ruling has prompted a massive shipment of high-capacity magazines to California.” And yes, Californians can now buy full-capacity mags from online vendors. This notice recently appeared on Brownells.com:

NRA-ILA Report on California Mag Ban Ruling

In one of the strongest judicial statements in favor of the Second Amendment to date, Judge Roger T. Benitez of the U.S. District Court for the Southern District of California determined on Friday that California’s ban on commonly possessed firearm magazines violates the Second Amendment. The case is Duncan v. Becerra.

The NRA-supported case had already been up to the U.S. Court of Appeals for the Ninth Circuit on the question of whether the law’s enforcement should be suspended during proceedings on its constitutionality. Last July, a three judge panel of the Ninth Circuit upheld Judge Benitez’s suspension of enforcement and sent the case back to him for further proceedings on the merits of the law itself.

Judge Benitez rendered his opinion late Friday afternoon and handed Second Amendment supporters a sweeping victory by completely invalidating California’s 10-round limit on magazine capacity. “Individual liberty and freedom are not outmoded concepts,” he declared.

In a scholarly and comprehensive opinion, Judge Benitez subjected the ban both to the constitutional analysis he argued was required by the U.S. Supreme Court in District of Columbia v. Heller and a more complicated and flexible test the Ninth Circuit has applied in prior Second Amendment cases.

Either way, Judge Benitez ruled, the law would fail. Indeed, he characterized the California law as “turning the Constitution upside down.” He also systematically dismantled each of the state’s purported justifications for the law, demonstrating the factual and legal inconsistencies of their claims.

NRA-ILA Executive Director Chris W. Cox hailed the decision as a “huge win for gun owners” and a “landmark recognition of what courts have too often treated as a disfavored right.”

Read Full Report HERE.

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• 9th Circuit Strikes Down California Age-Based Semi-automatic Rifle Ban

Tags: California, High Capacitiy, Magazine