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
NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

News  

Second Amendment  

Friday, February 7, 2025

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

Today, the White House announced a new Executive Order to protect and expand the Second Amendment rights of all law-abiding Americans. This is the first action taken by President Donald J. Trump to carry through ...

CMP Resumes 1911 Pistol Sales, Offers Streamline Process and Incentives

News  

Monday, February 3, 2025

CMP Resumes 1911 Pistol Sales, Offers Streamline Process and Incentives

One day before Donald Trump was inaugurated as the 47th President of the United States, he held a Make America Great Again rally in Washington, D.C., where he spoke to more than 20,000 energized supporters ...

The Hearing Protection Act Introduced in the 119th Congress

News  

Wednesday, February 5, 2025

The Hearing Protection Act Introduced in the 119th Congress

U.S. Representative Ben Cline (R-VA-06) and U.S. Senator Mike Crapo (R-ID) recently reintroduced the Hearing Protection Act (H.R. 404/S. 364) in the 119th Congress. This commonsense legislation will give gun owners and hunters the opportunity to ...

NFA Prosecution Shows ATF Still Determined to Imprison Americans for Braced Pistols

News  

Monday, February 10, 2025

NFA Prosecution Shows ATF Still Determined to Imprison Americans for Braced Pistols

Documents filed in an ongoing prosecution for illegal possession of a short-barreled rifle are raising new concerns about ATF’s enforcement policy concerning pistols with attached stabilizing braces. 

Going, Going… Gone? Privacy and Gun Owner Data Security in California

News  

Monday, February 10, 2025

Going, Going… Gone? Privacy and Gun Owner Data Security in California

Where does privacy go to die? For gun owners and concealed carry applicants and permit holders in the Golden State, the answer must surely be California.

DNC Goes All-In on Gun Control

News  

Monday, February 10, 2025

DNC Goes All-In on Gun Control

A couple weeks ago, we wrote about anti-gun activist David Hogg campaigning to be a Vice Chair for the Democratic National Committee (DNC).  We (somewhat) jokingly endorsed his candidacy, as it would make abundantly clear that ...

Colorado: Senate Delays Vote on Semi-Auto Ban A Second Time

Friday, February 7, 2025

Colorado: Senate Delays Vote on Semi-Auto Ban A Second Time

For the second week in a row, the State Senate has postponed the floor vote for Senate Bill 25-003, the near all-encompassing semi-automatic ban

New Mexico: Anti-Gun Extremists Introduce Sweeping Gun Ban

Wednesday, February 5, 2025

New Mexico: Anti-Gun Extremists Introduce Sweeping Gun Ban

As they have tried in the past, anti-gun radicals in the New Mexico Senate have introduced Senate Bill 279, the "GOSAFE Act," a near all-encompassing ban on semi-automatic and NFA firearms.

Legislation Introduced to Protect Veterans’ Second Amendment Rights

News  

Friday, February 7, 2025

Legislation Introduced to Protect Veterans’ Second Amendment Rights

The Chairmen of the House and Senate Committees on Veterans’ Affairs, U.S. Representative Mike Bost (R-IL-12) and Senator Jerry Moran (R-KS), as well as Senator John Kennedy (R-LA), have reintroduced the Veterans 2nd Amendment Protection Act ...

FIND Act Introduced in the 119th Congress

News  

Friday, February 7, 2025

FIND Act Introduced in the 119th Congress

U.S. Representative Jack Bergman (R-MI-01) recently reintroduced H.R. 45, the Firearm Industry Non-Discrimination Act (FIND Act). U.S. Senator Steve Daines (R-MT) also introduced a companion bill in the U.S. Senate (S. 137). This important legislation would ...

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.