Gun Laws & Legislation

California: Federal Court Stays “Large-Capacity” Magazine Ruling

NRA ILA Contributor

Thursday, Federal District Court Roger T. Benitez issued an order staying enforcement of the judgment in the NRA and CRPA supported case of Duncan v. Becerra.  March 29, Judge Benitez issued a tremendous victory for gun owners, striking down California’s restrictions against the manufacture, importation, sale, transfer, receipt, and possession of magazines capable of holding more than 10 rounds.

Thursday’s ruling stays enforcement of the injunction as applied to the restrictions against the manufacture, importation, sale, transfer, and receipt of so-called “large-capacity” magazines, as of 5:00PM, April 5, 2019.  In other words, those restrictions will once again be enforceable after that time.  But the ruling also clarifies that the injunction against those restrictions will remain in effect “for those persons and business entities who have manufactured, imported, sold, or bought magazines able to hold more than 10 rounds between the entry of this Court’s injunction on March 29, 2019 and 5:00 p.m., Friday, April 5, 2019.”

Additionally, the ruling also makes clear that the preliminary injunction issued in July 2017, which prohibited the enforcement of the “possession” restriction enacted by Proposition 63 and Senate Bill 1446 will remain in effect during the appeal.  In other words, California residents who lawfully possess magazines capable of holding more than 10 rounds may continue to possess them while the case is appealed.

Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.