Explore The NRA Universe Of Websites

Breaking! Federal Court Finds California Magazine Ban Violates the Second Amendment

Friday, March 29, 2019

Breaking! Federal Court Finds California Magazine Ban Violates the Second Amendment

In one of the strongest judicial statements in favor of the Second Amendment to date, Judge Roger T. Benitez of the U.S. District Court for the Southern District of California determined on Friday that California’s ban on commonly possessed firearm magazines violates the Second Amendment.

The case is Duncan v. Becerra.

The NRA-supported case had already been up to the U.S. Court of Appeals for the Ninth Circuit on the question of whether the law’s enforcement should be suspended during proceedings on its constitutionality. Last July, a three judge panel of the Ninth Circuit upheld Judge Benitez’s suspension of enforcement and sent the case back to him for further proceedings on the merits of the law itself. 

Judge Benitez rendered his opinion late Friday afternoon and handed Second Amendment supporters a sweeping victory by completely invalidating California’s 10-round limit on magazine capacity. “Individual liberty and freedom are not outmoded concepts,” he declared.  

In a scholarly and comprehensive opinion, Judge Benitez subjected the ban both to the constitutional analysis he argued was required by the U.S. Supreme Court in District of Columbia v. Heller and a more complicated and flexible test the Ninth Circuit has applied in prior Second Amendment cases. 

Either way, Judge Benitez ruled, the law would fail. Indeed, he characterized the California law as “turning the Constitution upside down.” He also systematically dismantled each of the state’s purported justifications for the law, demonstrating the factual and legal inconsistencies of their claims.

NRA-ILA Executive Director Chris W. Cox hailed the decision as a “huge win for gun owners” and a “landmark recognition of what courts have too often treated as a disfavored right.” 

“Judge Benitez took the Second Amendment seriously and came to the conclusion required by the Constitution,” Cox said. “The same should be true of any court analyzing a ban on a class of arms law-abiding Americans commonly possess for self-defense or other lawful purposes.”

Unfortunately, Friday’s opinion is not likely to be the last word on the case. The state will likely appeal to the Ninth Circuit, which has proven notably hostile to the Second Amendment in past decisions.

Nevertheless, the thoroughness of Judge Benitez’s analysis should give Second Amendment supporters the best possible chance for success in appellate proceedings, particularly if the case ultimately lands before the U.S. Supreme Court.

In the meantime, Friday’s order prohibits California from enforcing its magazine restrictions, leaving its law-abiding residents safer and freer, at least for the time being. 

To stay up-to-date on the Duncan case and other important Second Amendment issues affecting California gun owners, visit https://www.nraila.org/campaigns/california/stand-and-fight-california/. And be sure to subscribe to NRA-ILA and CRPA email alerts by visiting https://www.nraila.org/sign-up and www.crpa.org.

 

TRENDING NOW
U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

Senate Finance Committee Releases Text of Reconciliation Bill

News  

Monday, June 16, 2025

Senate Finance Committee Releases Text of Reconciliation Bill

Today, the U.S. Senate Committee on Finance released its portion of the Senate version of the Reconciliation Bill. Late last month, the U.S. House passed a version of the Reconciliation Bill which included Section 2 of the ...

DOJ Files Amicus Brief Supporting NRA-Backed Challenge to IL’s Ban on “Assault Weapons” and “Large-Capacity Magazines”

Tuesday, June 17, 2025

DOJ Files Amicus Brief Supporting NRA-Backed Challenge to IL’s Ban on “Assault Weapons” and “Large-Capacity Magazines”

Last Friday, the U.S. Department of Justice filed an amicus brief in the Seventh Circuit supporting an NRA-backed challenge to Illinois’s prohibition on so-called “assault weapons” and “large-capacity magazines.”

Ninth Circuit Strikes Down CA’s One-Gun-A-Month Law

Friday, June 20, 2025

Ninth Circuit Strikes Down CA’s One-Gun-A-Month Law

Today, the Ninth Circuit Court of Appeals held that California’s law prohibiting people from buying more than one firearm in a 30-day period violates the Second Amendment.

Rhode Island: Senate Committee Advances Semi-Auto Ban

Thursday, June 19, 2025

Rhode Island: Senate Committee Advances Semi-Auto Ban

Yesterday, the Senate Judiciary Committee voted 8–6 to advance Senate Bill 359 Sub A, a revised version of the so-called “Assault Weapons Ban.” The bill now heads to the full Senate for a vote this ...

Gun Law Effective Dates: It’s Not Just What but When that Counts

News  

Monday, June 16, 2025

Gun Law Effective Dates: It’s Not Just What but When that Counts

The gun owning community is often saddled with a larger responsibility than most in knowing the many laws that govern gun ownership throughout the states.

Intrepid Journalist Tracks Down Truth About “Children” and Firearms, While Public Health Researchers Downplay Inconvenient Realities

News  

Monday, June 16, 2025

Intrepid Journalist Tracks Down Truth About “Children” and Firearms, While Public Health Researchers Downplay Inconvenient Realities

For decades, gun control advocates and their allies in “public health” have pushed a misleading factoid about children and firearms.

New York: Gun Owners Escape Session With No Damage

Wednesday, June 18, 2025

New York: Gun Owners Escape Session With No Damage

Gun owners can quietly celebrate the 2025 legislative session drawing to a close without a gun control bill going to the Governor. Although the Senate passed several bad bills, the Assembly did not reciprocate, stalling ...

Minnesota: Removal of Shotgun-Only Hunting Zones Added to Environmental Omnibus Bill

Friday, June 6, 2025

Minnesota: Removal of Shotgun-Only Hunting Zones Added to Environmental Omnibus Bill

This week outside of regular session, the Environment Omnibus bill was agreed upon. This omnibus bill would remove shotgun-only hunting zones in the state. A special session has been scheduled for Monday, June 9th, for the ...

New Jersey: Gun Owners Under Attack This Week in Trenton

Wednesday, June 18, 2025

New Jersey: Gun Owners Under Attack This Week in Trenton

New Jersey Senate gun grabbers are back at it this week, launching a full-scale barrage against the Second Amendment with an 18-bill package. The Senate Law & Public Safety Committee is scheduled to hold a ...

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.