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California: Federal Judge Grants Request to Stay Enforcement of California’s Magazine Ban

Thursday, June 29, 2017

California: Federal Judge Grants Request to Stay Enforcement of California’s Magazine Ban

Today, attorneys for the California Rifle & Pistol Association, supported by the National Rifle Association, obtained an important injunction in the case of Duncan v. Becerra, a federal lawsuit challenging California’s restrictions against standard capacity magazines. The injunction prevents California from enforcing the recently enacted ban against the mere possession of magazines capable of holding more than ten rounds, while the case is pending. The ban was set to take effect on July 1—less than 2 days from today. 

In granting the injunction, Judge Benitez explained that Plaintiffs are likely to succeed in this lawsuit because “public safety interest may not eviscerate the Second Amendment.” 

Filed in May of this year, Duncan is the second in a series of carefully planned lawsuits challenging the package of gun control laws passed last year that have collectively become known as “gunmageddon” in addition to the anti-gun Proposition 63. The case challenges California’s restrictions on standard capacity magazines on the grounds that it violates the Second Amendment, due process clause, and takings clause of the United States Constitution. 

As a result of the injunction, California gun owners will not be required to surrender or permanently alter their lawfully owned property by July 1. Instead, the injunction preserves the “status quo” while the constitutionality of the law is decided by the court. 

To stay up to date on NRA’s legal efforts in California along with other important issues surrounding your second amendment rights be sure to subscribe to NRA-ILA alerts, check your inbox and the California Stand and Fight webpage . To help contribute to NRA’s legal efforts in California click here.

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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.