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Ninth Circuit Salvages CA Magazine Ban

Thursday, December 2, 2021

Ninth Circuit Salvages CA Magazine Ban

Earlier this week, the Ninth Circuit upheld California’s ban against “large capacity magazines.” This decision reverses previous rulings at both the district and circuit court levels concluding the ban was unconstitutional. 

NRA-ILA backed the challenge California Penal Code §32310, which effectively bans Californians from possessing magazines capable of holding more than ten rounds. Criminals, by definition, ignore the ban altogether.

Today, the Ninth Circuit ignored Supreme Court precedents to extend its streak of anti-Second Amendment rulings. As Judge VanDyke described in a forceful dissent: “now, in the nine Western states covered by our court, the right to ‘keep and bear arms’ means, at most, you might get to possess one janky handgun and 2.2 rounds of ammunition, and only in your home under lock and key. That’s it. That’s ridiculous, and so I must respectfully dissent.”

While this decision is certain to disappoint America’s gun owners, NRA-ILA and its counsel at Kirkland & Ellis remain determined to correct this judicial error. Supporters of the Second Amendment can receive updates about this critical effort here and can join the fight directly here.

This case is captioned Duncan v. Bonta. It was previously titled Duncan v. Becerra, but the caption was changed when the Attorney General of California was replaced. 

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

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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.