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Magazine Ruling in CA, The next step


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In case you were wondering why all the gun part webpages are slow, read this:


9th Circuit Court sides with gun owners in landmark Duncan v. Becerra case

Today 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.

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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.

The court noted that the state’s efforts to ban these 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.

How Does This Affect You Immediately? Click Here.


About the California Rifle & Pistol Association

Founded in 1875, the California Rifle & Pistol Association provides training in the safe, responsible, and enjoyable use of firearms; sanctions competitive shooting state championships; and fights for the Constitutional right to keep and bear arms for those who choose to own a gun in California for sport, hunting, or self-defense. For more information, visit crpa.org.

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  • ChuckS locked this topic
  • ima45dv8 unlocked this topic
  • 2 weeks later...

And now the next step...


SACRAMENTO – California Attorney General Xavier Becerra today filed a petition in the United States Court of Appeals for the Ninth Circuit seeking en banc review of a recent decision in Duncan v. Becerra


let's see what happens next.


ETA: I believe the next step must occur within 21 days. For now, no LCMs for CA.


ETA #2: Info from both sides of the street:



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  • 1 year later...

9th Circuit upholds California ban on high-capacity ammo magazines


The en-banc ruling came down today and not in our favor.


It isn't exactly clear what this means for USPSA / IPSC type matches but if it stands, we will be regulated to 10 rd limits for everything.



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  • 3 weeks later...

From CalGuns.


Stay of mandate granted for at least 150 days.

Filed order (SIDNEY R. THOMAS, SUSAN P. GRABER, RICHARD A. PAEZ, MARSHA S. BERZON, SANDRA S. IKUTA, MARY H. MURGUIA, PAUL J. WATFORD, ANDREW D. HURWITZ, RYAN D. NELSON, PATRICK J. BUMATAY and LAWRENCE VANDYKE) Appellees’ unopposed motion to partially stay issuance of the mandate, Docket No. [192], is GRANTED. The mandate is partially stayed for a period of 150 days from the date of this order. If Appellees file a petition for certiorari in the United States Supreme Court during the period of the partial stay, the partial stay shall continue until final disposition by the Supreme Court. See Fed. R. App. P. 41. [12321169] (OC) [Entered: 12/20/2021 04:30 PM]

ETA: Link to the stay motion: https://crpa.org/wp-content/uploads/2021/12/21.12.15-Duncan-v-Bonta-Stay.pdf

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  • 6 months later...

An update from this week :)


From the CRPA Website -


On June 30, 2022, the United States Supreme Court finally acted on pending Second Amendment certiorari petitions. First among them is Duncan v. Bonta, the now famous case which heralded “freedom week” back in 2019. The court issued a “GVR,” which is short for grant, vacate, and remand. That means the petition for supreme court review is granted, the lower court opinion is vacated of any legal precedential significance, and then case is then sent back down to the appeal court to be adjudicated in a manner consistent with the court’s opinion in the Bruen case that it ruled on last week. This is extremely positive and exciting news that we’ve been anticipating for a long time.



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