Explore The NRA Universe Of Websites

Federal Appellate Court Upholds Decision to Block California’s Magazine Surrender Requirement

Friday, July 20, 2018

Federal Appellate Court Upholds Decision to Block California’s Magazine Surrender Requirement


Last summer, we reported on the welcome news that a federal court had blocked California’s plan to require owners of “large capacity” magazines to surrender or otherwise rid themselves of their formerly-lawful property. As the judge in that case had put it: “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.” That was a bridge too far, he decided, and blocked enforcement of the law’s dispossession requirement. California appealed that ruling, and now over a year later a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit upheld the lower court’s ruling. The case, Duncan v. Becerra, is supported by both the NRA and the California Rifle & Pistol Association.

The plaintiffs in the lawsuit are challenging a 2016 ban 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 anti-gun 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, 2017. The only way for such people to comply with the law’s new requirements would be to surrender their magazines to the police, move them out of the state, or sell the magazines to a licensed firearms dealer.

On June 29, 2017, Judge Roger T. Benitez of the U.S. District Court for the Southern District of California ruled that the requirement for current owners to dispossess themselves of lawfully-acquired magazines likely violated the Second Amendment and the Constitution’s Taking Clause. “If this injunction does not issue, hundreds of thousands, if not millions, of otherwise law-abiding citizens will have an untenable choice: become an outlaw or dispossess one’s self of lawfully acquired property,” Judge Benitez wrote. “That is a choice they should not have to make.” He therefore ordered California not to enforce the dispossession requirements while the underlying case on the ban’s constitutionality was being resolved. Judge Benitez’s ruling did, however, allow for enforcement of the state’s ban on the manufacturing, sale, and importation of the magazines.

On Tuesday, two out of three judges hearing the case on appeal upheld that decision. Those judges emphasized that Judge Benitez was within his authority to discount the supposed support the state offered for the ban as “incomplete,” “unreliable,” and “biased.” The majority also chided the dissenting judge for substituting his own discretion for that of Judge Benitez, who had the primary responsibility to evaluate and weigh the evidence in the case. Notably, California had attempted to justify the ban before Judge Benitez by invoking, among other things, a 2013 report from the gun control advocacy group Mayor’s Against Illegal Guns.

Unfortunately, this latest decision does not conclusively resolve the case. California can appeal the enforcement ruling to the full Ninth Circuit, which could overturn the decision and allow the surrender provisions to go into effect. And even if the decision is allowed to stand, the underlying case still must be resolved before Judge Benitez, who could change his mind once all the evidence is fully presented.

All of which only underscores the importance of a strong Second Amendment backstop at the U.S. Supreme Court.  Judge Brett Kavanaugh — President Trump’s latest nominee to the high court — could play a decisive role in this and other Second Amendment cases currently making their way through the lower courts.

TRENDING NOW
Out-of-Touch Mayor Learns the Hard Way Michiganders Like Guns and Dogs

News  

Monday, March 2, 2026

Out-of-Touch Mayor Learns the Hard Way Michiganders Like Guns and Dogs

“The NRA is going to be mad at me.”  So said David LaGrand (D), mayor of the second largest city in the state of Michigan. We don’t get mad, however, when firearm prohibitionists reveal their true ...

Michigan: Constitutional Carry Legislation Introduced

Thursday, March 5, 2026

Michigan: Constitutional Carry Legislation Introduced

A package of pro-Second Amendment legislation has been introduced in the Michigan House. House Bills 5653–5657 would make Michigan the 30th state in the nation to recognize Constitutional Carry, allowing individuals who are legally permitted ...

Gunmakers Petition High Court to Halt Illegitimate Attacks on Firearms Industry

News  

Monday, March 2, 2026

Gunmakers Petition High Court to Halt Illegitimate Attacks on Firearms Industry

In recent months, NRA-ILA has impressed upon gun owners the severe danger to Second Amendment rights posed by efforts to undermine the Protection of Lawful Commerce in Arms Act (PLCAA). 

Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

Senator Mike Lee Introduces National Constitutional Carry Act

News  

Friday, March 6, 2026

Senator Mike Lee Introduces National Constitutional Carry Act

Earlier this week, Senator Mike Lee (R-UT) introduced S. 4013, the National Constitutional Carry Act. This legislation would prohibit states from imposing any criminal or civil penalty on U.S. citizens for carrying a firearm in public. ...

NRA Announces Third Lawsuit Challenging the National Firearms Act

Thursday, February 26, 2026

NRA Announces Third Lawsuit Challenging the National Firearms Act

Today, the National Rifle Association announced the filing of a third lawsuit challenging the constitutionality of the National Firearms Act of 1934 (NFA). The case, Roberts v. ATF, was filed in the U.S. District Court for ...

Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

Oregon Ballot Initiative Would Outlaw Hunting and Traditional Farming

News  

Monday, March 2, 2026

Oregon Ballot Initiative Would Outlaw Hunting and Traditional Farming

“Citizen-driven” ballot measures for hunting restrictions or bans are nothing new, but an Oregon initiative aiming to get on the ballot this November has the primary goal of establishing “a ban on any intentional injury ...

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Tuesday, February 17, 2026

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Today, February 17th is the legislative crossover deadline in Virginia, and any bills that have not left their chamber of origin by the end of the day are considered dead for the session.

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

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.