Explore The NRA Universe Of Websites

California Court Blocks Enforcement of Recently-Enacted Magazine Ban

Friday, June 30, 2017

California Court Blocks Enforcement of Recently-Enacted Magazine Ban

The battle to secure Second Amendment rights is ever-evolving. On Monday, gun owners were dealt a disappointing blow with the Supreme Court’s refusal to review the legal scheme that empowers California counties to effectively ban the bearing of arms (see related article). Yet by Thursday, Second Amendment advocates were cheering a federal court’s opinion blocking enforcement of California’s draconian magazine ban. That opinion, in Duncan v. Becerra, shows what’s possible when a federal judge treats the right to keep and bear arms with the respect deserved by all provisions within the Bill of Rights. 

The case is challenging the ban enacted last fall by Proposition 63 on so-called “large capacity magazines” (i.e., most ammunition feeding devices “with the capacity to accept more than 10 rounds”).  California’s law went beyond similar laws in other antigun states by prohibiting not only the manufacturing, sale, or importation of such magazines but also their possession, including by those who had lawfully obtained them before the ban’s effective date of July 1. As Judge Roger T. Benitez put it in his order, “On July 1, 2017, any previously law-abiding person in California who still possesses a firearm magazine capable of holding more than 10 rounds will begin their new life of crime.”

Thanks to the injunction issued by Judge Benitez, that is no longer the case. His order prevents enforcement of the ban on possession and the requirement that those in possession rid themselves of their magazines, pending further proceedings in the case. The order left intact, however, the bans on manufacturing, sale, or import. 

Judge Benitez held that standard capacity magazines like those affected by the ban are “arms” within the meaning of the Second Amendment.  He further ruled that the law burdens the “core” Second Amendment right of possessing an arm commonly held by law-abiding citizens for defense of home, self, and state. The burden, he wrote, was “more than slight” and the ban was neither presumptively legal nor of long-standing pedigree. And even if the ban were subject to the more forgiving brand of “intermediate scrutiny” under which many gun control laws have been upheld, he found it would not be a reasonable fit with the state’s asserted purpose of public safety because it is squarely aimed at law-abiding persons. 

Judge Benitez had some unusually sharp characterizations of California’s gun control laws. “The language used, the internally referenced provisions, the interplay among them, and the plethora of other gun regulations, have made the State’s magazine laws difficult to understand for all but the most learned experts,” he stated. “Too much complexity fails to give fair notice and violates due process,” he continued, noting that even the attorney for the State of California could not describe all of the magazine ban’s intricacies during the hearing. “Who could blame her?” he asked rhetorically. “The California matrix of gun control laws is among the harshest in the nation and are filled with criminal law traps for people of common intelligence who desire to obey the law.”

Judge Benitez also assailed the creeping incrementalism that retroactively seeks to punish facially harmless behavior by upstanding people who are acting in good faith. “Constitutional rights would become meaningless if states could obliterate them by enacting incrementally more burdensome restrictions while arguing that a reviewing court must evaluate each restriction by itself when determining constitutionality,” he wrote. Perhaps not coincidentally, this was exactly the complaint that the NRA and others had raised with the Ninth Circuit’s opinion the Supreme Court had earlier in the week declined to review. By focusing narrowly on the question of whether the Second Amendment was specifically meant to protect concealed carry, the Ninth Circuit had ignored the fact that California has foreclosed every option to lawfully bear arms for self-defense in public.

Judge Benitez framed the questions in Duncan case as whether a law-abiding, responsible citizen has “a right to defend his home from criminals using whatever common magazine size he or she judges best suits the situation” and “to keep and bear a common magazine useful for service in a militia.” He opined that “a final decision on the merits is likely to answer both questions ‘yes’… .“

Thursday’s opinion represents a very encouraging development but unfortunately is not the last word in the case. It remains to be seen if the state will appeal the injunction, and the court must still resolve the underlying claims. Once that happens, further appeals are likely to follow.  

Overall, however, the week’s events were a reminder of the critical role that federal judges play in the freedoms that Americans enjoy (or don’t enjoy). And having a president who respects the Constitution when appointing those judges is a safeguard that no liberty-loving American can overestimate.

TRENDING NOW
Major Digital Currency’s Terms of Use Prohibit Firearm and Ammunition Sales

News  

Monday, October 20, 2025

Major Digital Currency’s Terms of Use Prohibit Firearm and Ammunition Sales

So much of the energy surrounding the digital currency space has been aimed at bringing forth a new liberty. 

Urban Crime Spike “the Most Overlooked U.S. Crime Story in Recent Years”

News  

Monday, October 20, 2025

Urban Crime Spike “the Most Overlooked U.S. Crime Story in Recent Years”

It was a standard talking point of the Biden White House that violent crime had dropped by record levels under the Biden-Harris administration, attributed in part to its support of gun control measures.

David Hogg: “The Grift that Keeps on Grifting”

News  

Monday, October 20, 2025

David Hogg: “The Grift that Keeps on Grifting”

At this point, anybody who reads NRA-ILA’s Grassroots Alerts even sporadically is well aware of the shameless, anti-gun self-promoter David Hogg. 

NRA Files Lawsuit Challenging California’s Glock Ban

Monday, October 13, 2025

NRA Files Lawsuit Challenging California’s Glock Ban

Today, the National Rifle Association—along with Firearms Policy Coalition, Second Amendment Foundation, Poway Weapons & Gear, and two NRA members—filed a lawsuit challenging California’s Glock ban.

Colorado Joins States in Promoting Use of Red Flag Laws

News  

Monday, October 20, 2025

Colorado Joins States in Promoting Use of Red Flag Laws

First there were the red flag laws themselves, dangerous laws allowing for the seizure of firearms while bypassing a citizen’s right to due process. 

North Carolina: Update on Permitless Carry

Tuesday, September 30, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Massachusetts: Hunting Ammunition Restrictions on Agenda for Committee Hearing Tomorrow

Monday, October 20, 2025

Massachusetts: Hunting Ammunition Restrictions on Agenda for Committee Hearing Tomorrow

On Tuesday, October 21st, the Joint Committee on Environment and Natural Resources will hold a hearing on dozens of hunting-related bills, including two bills aiming to restrict ammunition. 

First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

News  

Monday, October 6, 2025

First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

California officials’ egregious foot-dragging over the issuance of carry permits has finally attracted the ire of the federal Department of Justice (DOJ). 

Maine: Republicans and Democrats Agree, Red Flag is BAD for Maine

Monday, October 20, 2025

Maine: Republicans and Democrats Agree, Red Flag is BAD for Maine

We are only 15 DAYS out from Election Day, have you made your plan to vote NO on Question 2?

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

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.