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 Wins Lawsuit in Washington State, Prevents I-1639 From Appearing on Ballot

News  

Friday, August 17, 2018

NRA Wins Lawsuit in Washington State, Prevents I-1639 From Appearing on Ballot

The Thurston County Superior Court today ruled in favor of the National Rifle Association and ordered a writ of mandamus to prevent I-1639 from appearing on the ballot. The judge agreed the signature sheets did ...

No NRA Members Need Apply

News  

Friday, August 17, 2018

No NRA Members Need Apply

Like most people, we understand that educational institutions and staff tend to lean left. The degree and intensity of the bend varies across universities, but a leftward orientation is actually expected today. We’re aware that ...

Canada: Montreal to Endorse Nationwide Handgun Ban, Police Content with Current Laws

News  

Gun Laws  

Friday, August 17, 2018

Canada: Montreal to Endorse Nationwide Handgun Ban, Police Content with Current Laws

Politicians from the largest city in the Canadian gun control stronghold of Quebec plan to put their weight behind a raft of severe gun restrictions next week. According to a report from Radio Canada International, the Montreal City ...

Fake Blues: The Media’s Worst Enemy Isn’t the President, It’s Themselves

News  

Friday, August 17, 2018

Fake Blues: The Media’s Worst Enemy Isn’t the President, It’s Themselves

On Thursday, over 300 media outlets joined in a coordinated effort to push back against President Donald Trump. That will hardly come as a shock to many Americans, as it seems mainstream news organizations have done little ...

Shopify Targets Law-Abiding Firearm Businesses

Gun Laws  

News  

Friday, August 17, 2018

Shopify Targets Law-Abiding Firearm Businesses

This week, Canadian e-commerce host Shopify changed their company’s firearm policy with disastrous effects for law-abiding U.S. gun businesses that use their e-commerce services. Shopify’s abrupt overnight decision to block the sale of specific firearms ...

Outrage of the Week: Shopify Targets America's Guns

News  

Wednesday, August 15, 2018

Outrage of the Week: Shopify Targets America's Guns

Hundreds of firearms retailers may have to close soon because a powerful Canadian tech company, Shopify, recently decided it was anti-gun and issued an ultimatum: Do business our way or not at all.

King County Unveils “Common Sense” Action Plan: Ban “Semi-automatic, High Velocity Weapons”

News  

Friday, August 10, 2018

King County Unveils “Common Sense” Action Plan: Ban “Semi-automatic, High Velocity Weapons”

In a July 23rd op-ed, Joe McDermott, the Council Chair of King County, Washington, introduced a multi-prong “King County Gun Safety Action Plan” aimed at reducing gun violence.

Divided Appeals Panel Upholds California Ban on Post-2013 Pistols

News  

Friday, August 10, 2018

Divided Appeals Panel Upholds California Ban on Post-2013 Pistols

Imagine if California, to combat what the legislature considered the serious problem of manmade global warming, required all new vehicles sold by car dealers in the state to run on grass clippings, rather than fossil ...

Saturday, August 18, 2018

ALERT! Florida Democrats Did an Awesome Election Favor for Republicans

The anti-Second Amendment, Democrat politicians who demanded that the Legislature vote on calling a Special Session to repeal Florida's Stand Your Ground self-defense law either unwittingly or intentionally provided a great service to Republican incumbent ...

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.