Explore The NRA Universe Of Websites

Federal Appellate Court Upholds Decision to Block California’s Magazine Surrender Requirement

Friday, July 20, 2018

Federal Appellate Court Upholds Decision to Block California’s Magazine Surrender Requirement


Last summer, we reported on the welcome news that a federal court had blocked California’s plan to require owners of “large capacity” magazines to surrender or otherwise rid themselves of their formerly-lawful property. As the judge in that case had put it: “On July 1, 2017, any previously law-abiding person in California who still possesses a firearm magazine capable of holding more than 10 rounds will begin their new life of crime.” That was a bridge too far, he decided, and blocked enforcement of the law’s dispossession requirement. California appealed that ruling, and now over a year later a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit upheld the lower court’s ruling. The case, Duncan v. Becerra, is supported by both the NRA and the California Rifle & Pistol Association.

The plaintiffs in the lawsuit are challenging a 2016 ban on so-called “large capacity magazines” (i.e., most ammunition feeding devices “with the capacity to accept more than 10 rounds”).  California’s law went beyond similar laws in other anti-gun states by prohibiting not only the manufacturing, sale, or importation of such magazines but also their possession, including by those who had lawfully obtained them before the ban’s effective date of July 1, 2017. The only way for such people to comply with the law’s new requirements would be to surrender their magazines to the police, move them out of the state, or sell the magazines to a licensed firearms dealer.

On June 29, 2017, Judge Roger T. Benitez of the U.S. District Court for the Southern District of California ruled that the requirement for current owners to dispossess themselves of lawfully-acquired magazines likely violated the Second Amendment and the Constitution’s Taking Clause. “If this injunction does not issue, hundreds of thousands, if not millions, of otherwise law-abiding citizens will have an untenable choice: become an outlaw or dispossess one’s self of lawfully acquired property,” Judge Benitez wrote. “That is a choice they should not have to make.” He therefore ordered California not to enforce the dispossession requirements while the underlying case on the ban’s constitutionality was being resolved. Judge Benitez’s ruling did, however, allow for enforcement of the state’s ban on the manufacturing, sale, and importation of the magazines.

On Tuesday, two out of three judges hearing the case on appeal upheld that decision. Those judges emphasized that Judge Benitez was within his authority to discount the supposed support the state offered for the ban as “incomplete,” “unreliable,” and “biased.” The majority also chided the dissenting judge for substituting his own discretion for that of Judge Benitez, who had the primary responsibility to evaluate and weigh the evidence in the case. Notably, California had attempted to justify the ban before Judge Benitez by invoking, among other things, a 2013 report from the gun control advocacy group Mayor’s Against Illegal Guns.

Unfortunately, this latest decision does not conclusively resolve the case. California can appeal the enforcement ruling to the full Ninth Circuit, which could overturn the decision and allow the surrender provisions to go into effect. And even if the decision is allowed to stand, the underlying case still must be resolved before Judge Benitez, who could change his mind once all the evidence is fully presented.

All of which only underscores the importance of a strong Second Amendment backstop at the U.S. Supreme Court.  Judge Brett Kavanaugh — President Trump’s latest nominee to the high court — could play a decisive role in this and other Second Amendment cases currently making their way through the lower courts.

TRENDING NOW
California: Governor Newsom Signs Anti-Gun Bills into Law

Friday, October 11, 2019

California: Governor Newsom Signs Anti-Gun Bills into Law

Earlier today, Governor Newsom signed the seven anti-gun bills listed below into law.  

Dick’s Spends Big on Gun-Chopping, Virtue-Signaling Bonanza (But It Will Still Sell You a Firearm)

News  

Sunday, October 13, 2019

Dick’s Spends Big on Gun-Chopping, Virtue-Signaling Bonanza (But It Will Still Sell You a Firearm)

Ed Stack, the CEO of Dick’s Sporting Goods, wants you to know he’s committed to keeping AR-15s “off the street.” But he’s also committed (for the time being) to selling other types of firearms.

California: Anti-Gun and Anti-Hunting Bill Signed into Law

Monday, October 14, 2019

California: Anti-Gun and Anti-Hunting Bill Signed into Law

Prior to the October 13 deadline, Governor Newsom signed the final anti-gun and anti-hunting bills, AB 1254 and SB 172 into law.  

Number of Concealed Carry Permit Holders Increased Again

News  

Sunday, October 13, 2019

Number of Concealed Carry Permit Holders Increased Again

Last week, economist John Lott of the Crime Prevention Research Center released “Concealed Carry Permit Holders Across the United States: 2019,” his annual report on the number of concealed carry permit holders in the U.S.

Member Spotlight: Meet the Police Officer Who Told Congress She ‘Would Not Comply' with a Gun Ban

News  

Friday, October 4, 2019

Member Spotlight: Meet the Police Officer Who Told Congress She ‘Would Not Comply' with a Gun Ban

Last week, a retired Tulsa, Oklahoma law enforcement officer testified in a Congressional hearing that she “would not comply” if Congress passes a ban on firearms. Her bold assertion earned her national media attention and ...

Virginia’s Anti-gun Politicians Put Politics Before Fighting Gun Crime

News  

Sunday, October 13, 2019

Virginia’s Anti-gun Politicians Put Politics Before Fighting Gun Crime

Virginia’s anti-gun politicians are serious about attacking law-abiding gun owners, but are indifferent about actual gun crime. As highlighted in a recent report in the Washington Free Beacon by Stephen Gutowski, the Virginia Department of Justice Services ...

Virginia Police Chief Advocates Ban on All Guns at U.S. House “Assault Weapons” Hearing

News  

Friday, September 27, 2019

Virginia Police Chief Advocates Ban on All Guns at U.S. House “Assault Weapons” Hearing

On Sept. 25, the Democrat-led U.S. House Judiciary Committee held a 3 ½ hour “hearing” entitled “Protecting America From Assault Weapons.” That framing of the issue underscored the erroneous notion that Americans need protection from ...

Grassroots Spotlight: NRA-ILA Fighting the Bloomberg Money In Virginia 2019 Elections

News  

Sunday, October 13, 2019

Grassroots Spotlight: NRA-ILA Fighting the Bloomberg Money In Virginia 2019 Elections

The Nov. 5th election may be the most consequential ever for our Second Amendment rights in the Commonwealth. That’s because every seat in the Virginia House of Delegates and Senate is up for grabs and gun control ...

Kamala Harris and Her Perplexing Anti-Gun Ideas

News  

Friday, August 2, 2019

Kamala Harris and Her Perplexing Anti-Gun Ideas

U.S. Senator Kamala Harris (D-Calif.), one of the two-dozen Democrat presidential hopefuls vying to take on President Donald Trump in 2020, has been promoting her anti-gun platform for many months. This isn’t really news, as ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.