Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

NRA and CRPA Oppose California’s Request to Immediately Halt “Large-Capacity” Magazine Ruling

Wednesday, April 3, 2019

NRA and CRPA Oppose California’s Request to Immediately Halt “Large-Capacity” Magazine Ruling

On Tuesday, April 2, NRA and CRPA filed an opposition to California’s request seeking an immediate stay of enforcement of Friday’s decision in the case of Duncan v. Becerra, which found California’s restrictions against so-called “large-capacity” magazines unconstitutional and unenforceable.  The decision by the United States District Court for the Southern District of California is a tremendous victory for gun owners in California, striking down California’s restrictions against the manufacture, importation, sale, transfer, receipt, and possession of magazines capable of holding more than 10 rounds, most of which have been in place for nearly two-decades.

Unsurprisingly, DOJ filed a request for a stay of judgment Monday afternoon.  As noted in DOJ’s motion: 

To effectively preserve the status quo, and to prevent a sudden influx of large capacity magazines (LCMs) into the State of California (the “State”), Defendant respectfully requests that the Court issue an immediate, temporary stay pending its ruling on the application for a stay pending appeal. Even if this Court, or the Ninth Circuit, ultimately issues a stay pending appeal, the State will suffer irreparable injury if LCMs are permitted to flow into the State in the interim. Defendant respectfully requests that such a temporary stay be issued by no later than April 2, 2019. 

In sum, DOJ is asking the court to immediately stay the injunction as early as today while the court considers arguments from all the parties and decides whether to permanently stay the injunction pending the appeal.  But, as the NRA and CRPA attorneys note in their brief to the court, any stay of enforcement, if granted, would jeopardize the hundreds—if not thousands—of California gun owners who have already relied upon the Court’s ruling in good faith and have purchased magazines capable of holding more than 10 rounds. 

DOJ has also asked the court to make a decision on whether to stay the judgment until an appellate court rules—which could take well over a year—by April 5, 2019

It is critical that California gun owners stay up-to-date on the developments in Duncan to ensure they do not inadvertently violate California law should a stay be issued. To that end, be sure to visit NRA-ILA’s website to sign up for email alerts. 

In the meantime, NRA and CRPA have prepared the following list of commonly asked questions with answers to assist gun owners in understanding what the decision means and how this latest development affects them. 

 

1. WHAT DOES THE MARCH 29, 2019, RULING DO? 

It puts in place an injunction (an order to refrain from performing a certain act) prohibiting enforcement of California Penal Code section 32310, which criminalizes the manufacture, importation, transfer (including giving and loaning), acquisition, and possession of a “large capacity magazine” (“LCM”), defined as an ammunition feeding device capable of accepting more than 10 rounds of ammunition.

2. HAS THE RULING TAKEN EFFECT? 

Yes; under FRCP Rule 62(c)(1), the injunction prohibiting enforcement of the LCM restrictions ordered by the court took effect the minute it was issued on March 29, 2019.

3. DOES THE RULING MEAN I CAN NOW ACQUIRE NEW MAGAZINES CAPABLE OF HOLDING MORE THAN 10 ROUNDS IN CALIFORNIA? 

The short answer is yes. However, there are potential risks to consider before attempting to make any purchase. For example, should an individual order “large capacity” magazines from an online distributor, and during the shipping process a subsequent order from a court stays the enforcement of the injunction, subdivision (a) of Penal Code section 32310 will once again be in effect—including the restriction against “receiving” any “large-capacity” magazine. Meaning the delivery of an order after the injunction has been stayed will arguably be in violation of subdivision (a) of Penal Code section 32310.

4. DOES THE RULING MEAN I CAN KEEP MY MAGAZINES CAPABLE OF HOLDING MORE THAN 10 ROUNDS? 

As of the date of this writing the answer is: yes. The restriction on possessing an LCM has been unenforceable since June 29, 2017, when this same court issued a preliminary injunction preventing it from taking effect while the parties litigated the merits of the case. And because CA DOJ is seeking a stay only as to the provisions allowing for acquisition of new LCMs, the injunction against the possession restriction should remain in effect for the time being. That said, people should stay tuned to CRPA and NRA alerts to be updated of any changes.

5. DOES THE RULING MEAN I CAN USE MY MAGAZINES CAPABLE OF HOLDING MORE THAN 10 ROUNDS AT A SHOOTING RANGE? 

Because of the preliminary injunction already in place prior to this ruling, there was no restriction on “possessing” a lawfully acquired LCM and thus no restriction on using one. As long as the injunction on the possession restriction remains in place, LCMS can be lawfully used.

BEWARE: The ruling does NOT mean you can use an LCM in a semiautomatic, centerfire rifle with a “fixed magazine,” e.g., an AR-platform rifle with a device affixed to only allow removal of the magazine when the upper is separated from the lower, or similar device, that is designed to avoid “assault weapon” designation.

6. WHAT ARE THE PENALTIES FOR VIOLATING PENAL CODE SECTION 32310? 

Should the injunction be stayed, any person who “manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives” any “large-capacity” magazine can be charged with either a misdemeanor or felony punishable with imprisonment. Should the preliminary injunction against the “possession” restriction be stayed, any person who possesses a “large-capacity” magazine

can be charged with an infraction punishable as a fine of up to $100 per magazine, or a misdemeanor punishable by a fine up to $100 per magazine, imprisonment, or both.

7. WHERE CAN I VIEW A COPY OF THE COURTS DECISION? 

A copy of the order granting the permanent injunction can be viewed here.  

8. WHO IS RESPONSIBLE FOR LITIGATING THE CASE? 

The California Rifle & Pistol Association, with support from the National Rifle Association, filed this lawsuit after hearing the fear and outrage from its members who were being forced by the passage of Proposition 63 and Senate Bill 1446 in 2016 to either surrender their “large-capacity” magazines to the government or become criminals.

Continue to check your inbox and the California Stand and Fight webpage for updates on this issue and other issues impacting your Second Amendment rights and hunting heritage in California. 

 

 

TRENDING NOW
Video: Arrogant Illinois State Senator Proposes Confiscating Guns

News  

Friday, June 21, 2019

Video: Arrogant Illinois State Senator Proposes Confiscating Guns

Anti-gun lawmakers, including some of those vying for the 2020 Democratic presidential nomination, are becoming increasingly open about their desire to confiscate firearms from law-abiding citizens and jail those who don’t comply. Perhaps taking a cue from their strident ...

Bloomberg Course: Certified in Advocacy

News  

Friday, June 21, 2019

Bloomberg Course: Certified in Advocacy

We did it. We “earned” a course certificate for the Bloomberg School’s massive open online course titled “Reducing Gun Violence in America: Evidence for Change.” After six grueling weeks we have heard what Michael Bloomberg’s ...

A Tale of Two Rallies

News  

Friday, June 21, 2019

A Tale of Two Rallies

The 2020 presidential contest is now underway in earnest. On Tuesday, President Trump officially kicked off his reelection campaign to a packed house at the 20,000 seat Amway Center in Orlando, FL. Earlier that day, ...

Governor Abbott Signs Ten Pro-Second Amendment Bills into Law

Monday, June 17, 2019

Governor Abbott Signs Ten Pro-Second Amendment Bills into Law

Governor Greg Abbott has now signed all of the NRA-supported legislation which the Texas Legislature sent him during the 2019 session.

California: Legislative Update and Hearings Next Week

Sunday, June 23, 2019

California: Legislative Update and Hearings Next Week

No summary available

California DOJ Proposes “Emergency” Regulations Requiring Federally  Compliant IDs for All Firearm and Ammunition Transfers

Tuesday, June 18, 2019

California DOJ Proposes “Emergency” Regulations Requiring Federally Compliant IDs for All Firearm and Ammunition Transfers

Yesterday, the California Department of Justice officially submitted proposed “emergency” regulations that, if adopted, would require federally compliant California driver license or identification cards whenever attempting to purchase a firearm and, beginning July 1, 2019, ...

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.

Maryland: House Passes Multiple Gun Control Bills to the Senate

Tuesday, March 19, 2019

Maryland: House Passes Multiple Gun Control Bills to the Senate

Last night, the Maryland House passed multiple gun control bills.  House Bill 786 was passed by a 90 to 49 vote, and House Bill 740 was passed by a 94 to 45 vote. 

New Jersey: Legislature Passes Smart Gun Legislation

Friday, June 21, 2019

New Jersey: Legislature Passes Smart Gun Legislation

On Thursday, both chambers of the New Jersey Legislature passed “smart gun” legislation despite this technology being more science fiction than reality.

California: NRA and CRPA Submit Opposition to DOJ’s Proposed “Emergency” Regulations Requiring Federally Compliant IDs for Firearm and Ammunition Transactions

Thursday, June 20, 2019

California: NRA and CRPA Submit Opposition to DOJ’s Proposed “Emergency” Regulations Requiring Federally Compliant IDs for Firearm and Ammunition Transactions

As reported earlier, the California Department of Justice recently proposed “emergency” regulations that, if adopted, would require federally compliant IDs whenever attempting to purchase a firearm and, beginning July 1, 2019, any ammunition in the ...

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.