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Federal Court Upholds Decision to Block California’s Magazine Ban

Tuesday, July 17, 2018

FAIRFAX, Va. -- A three-judge panel of the 9th Circuit issued a ruling in the case of Duncan v. Becerra on Tuesday upholding a lower court’s decision to suspend enforcement of California’s restriction on the possession of magazines that hold 10 rounds or more.

“This is a significant win for law-abiding gun owners in California,” said Chris W. Cox, executive director, National Rifle Association Institute for Legislative Action. “This unconstitutional law criminalizes mere possession of many standard capacity magazines and would instantly turn many law-abiding gun owners into criminals.”

California Rifle and Pistol Association lawyers, with the support of the NRA, sought an injunction against the magazine possession ban, arguing the law violated the Second Amendment as well as Americans’ due process rights. A federal district court judge agreed and issued a preliminary injunction before the law was set to go into effect. California appealed the decision.

On Tuesday, the 9th Circuit upheld the injunction.

Meanwhile, in the trial court, a motion for summary judgment is pending and a ruling on the merits of the case is expected soon. Regardless of the outcome, the case will most certainly be appealed again to the 9th Circuit. By that time, the Supreme Court will likely have a new justice who respects the right to keep and bear arms as protected by the Second Amendment.

“Tuesday’s ruling was a step in the right direction. The National Rifle Association will continue to fight for the rights of Californians to protect themselves,” Cox concluded.

 


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NRA ILA

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.