Explore The NRA Universe Of Websites

Ninth Circuit Heard Oral Argument In NRA-Backed Challenge To California’s Magazine Ban

Tuesday, June 22, 2021

Ninth Circuit Heard Oral Argument In NRA-Backed Challenge To California’s Magazine Ban

Today, an 11-judge en-banc panel of the Ninth Circuit Court of Appeals heard oral arguments in Duncan v. Bonta, the NRA-backed challenge to California’s ban on magazines capable of holding more than 10 rounds of ammo. The case was argued by the Kirkland & Ellis law firm.

One of the highlights was an exchange between judge Lawrence VanDyke and the attorney representing California. California argued that banning “large capacity magazines” was necessary to reduce gun crimes where more than 10 rounds of ammo were used. Those crimes are relatively rare. But at the same time, California argued that the ban is trivial because law-abiding citizens rarely use 10 rounds of ammo in self-defense situations. In other words, California argued that rarely occurring events justified its authority to ban the magazines, but the ban was trivial because law-abiding citizens rarely need 10 rounds of ammo to defend themselves. Judge VanDyke then accused California’s counsel of making a “heads we win, tails you lose” argument by “using rarity in two different ways.”  

Another highlight was when the Plaintiffs’ attorney rattled off facts about the historical prevalence of “large capacity magazines.” She noted that the Winchester Model1866 rifle had a 17-round capacity. It was a very common rifle on the market the same year that the Fourteenth Amendment was ratified, thereby incorporating the Second Amendment against the states. The fact that the Winchester 1866 and other firearms that held more than 10 rounds of ammunition were so prevalent at the time serves as a strong indication that those arms are protected by the Second Amendment. 

The argument can be viewed on the Ninth Circuit’s YouTube channel 

Please stay tuned to www.nraila.org for future updates on this and all of NRA-ILA’s efforts to defend your constitutional rights.

IN THIS ARTICLE
California magazine ban
TRENDING NOW
New York’s Ammunition Background Check System: An Expensive Wreck?

Gun Laws  

News  

Monday, September 25, 2023

New York’s Ammunition Background Check System: An Expensive Wreck?

The F-35 stealth jet isn’t the only example of expensive technology that crashed recently. The implementation of New York’s ammunition background check law – the rollout of which was, to be generous, extremely low visibility – was ...

Biden Creates New Office to Funnel Taxpayer Funds to Gun Control Advocacy

Gun Laws  

News  

Monday, September 25, 2023

Biden Creates New Office to Funnel Taxpayer Funds to Gun Control Advocacy

Professional gun control advocates have always had a seat at the table in the Biden White House. Now, however, they will not only sit at the table but determine its menu, set it, and compile ...

California: Governor Newsom Continues His Vendetta Against Lawful Gun Owners Signing Multiple Anti-Gun Bills into Law

Tuesday, September 26, 2023

California: Governor Newsom Continues His Vendetta Against Lawful Gun Owners Signing Multiple Anti-Gun Bills into Law

On Tuesday, September 26th, California Governor Gavin Newsom hosted a signing ceremony in Sacramento where he signed multiple anti-gun bills into law, most notably: an 11% excise tax on all firearms and ammunition; vastly expanded concealed carry ...

Seeking Attention, Not Solutions in New Mexico

News  

Monday, September 25, 2023

Seeking Attention, Not Solutions in New Mexico

After several weeks of the abject failure of New Mexico Governor Michelle Lujan Grisham’s (D) attempt to suspend constitutional rights in her state, there are a number of theories as to what, exactly, she was ...

Massachusetts: Update on Proposed Sweeping Gun Control

Monday, July 17, 2023

Massachusetts: Update on Proposed Sweeping Gun Control

Late last month, Massachusetts politicians put forth HD 4420, “an act modernizing firearm laws.” This massive piece of legislation re-writes gun laws in the Commonwealth and imposes unprecedented gun-control.

NRA Slams Gov. Newsom's Latest Assault on Second Amendment

Gun Laws  

Second Amendment  

News  

Tuesday, September 26, 2023

NRA Slams Gov. Newsom's Latest Assault on Second Amendment

The National Rifle Association released the following statement on California Gov. Newsom's signing of gun control: "The NRA condemns the legislation enacted by Gov. Newsom. It is a blatant and egregious attack on the rights ...

Changes Coming Soon for New York State Gun Owners

News  

Monday, August 21, 2023

Changes Coming Soon for New York State Gun Owners

There are some significant changes due to take effect early next month in the Empire State.

Massachusetts: 2A Rally in Boston Commons, on September 27th

Friday, September 22, 2023

Massachusetts: 2A Rally in Boston Commons, on September 27th

Gun Owners’ Action League (GOAL) will be holding a rally against HD 4420 “an act modernizing firearm laws,” on Wednesday, September 27th.  NRA members and Second Amendment right supporters are encouraged to join the rally ...

Grassroots Spotlight: New Mexicans Rally to Oppose Gun Control

Take Action  

Monday, September 25, 2023

Grassroots Spotlight: New Mexicans Rally to Oppose Gun Control

New Mexico rallied in solidarity to defend the Second Amendment! On Saturday, September 16th, your NRA-ILA Grassroots team and 100 law-abiding New Mexicans gathered at Calibers Shooting Center in Albuquerque, New Mexico, and spoke out “on ...

Colorado: Anti-Hunting Legislation Initiative 91 Scheduled for Public Comment

Hunting  

Tuesday, September 26, 2023

Colorado: Anti-Hunting Legislation Initiative 91 Scheduled for Public Comment

On Friday, September 22nd, Initiative 91 was filed to appear on the ballot in the November 2024 election in a push by anti-hunting advocates trying to stop the age-old practice of hunting predators, such as ...

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.