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:
