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
DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

News  

Monday, January 19, 2026

DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

In a monumental development for gun owners, the Department of Justice has acknowledged that one of the oldest federal gun control laws on the books is unconstitutional.

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

News  

Monday, January 19, 2026

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

The fundamental right to travel has garnered increased attention over the past decade with the United States Supreme Court expanding and confirming that United States citizens have a protected right to travel from state to ...

Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

News  

Monday, January 19, 2026

Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

Last week, Australian Prime Minister Anthony Albanese announced that the federal parliament would be recalled to debate sweeping new laws on guns and hate crimes, including the establishment of a new national gun buyback program.

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.

Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

Tuesday, January 13, 2026

Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

On Wednesday, January 14th, the Virginia General Assembly begins the 2026 legislative session, and lawmakers are once again expected to pursue an aggressive anti-gun agenda.

NRA Urges Supreme Court to Hear Challenge to Illinois Public Transit Carry Ban

Friday, January 16, 2026

NRA Urges Supreme Court to Hear Challenge to Illinois Public Transit Carry Ban

The National Rifle Association—along with the Association of New Jersey Rifle & Pistol Clubs, Gun Owners’ Action League, New Jersey Firearms Owners Syndicate, and New York State Rifle & Pistol Association—has filed an amicus brief urging the ...

Secretary of the Interior Issues Order Expanding Hunting Access Nationwide

News  

Wednesday, January 14, 2026

Secretary of the Interior Issues Order Expanding Hunting Access Nationwide

Secretary of the Interior Doug Burgum has issued Secretarial Order 3447 – Expanding Hunting and Fishing Access, Removing Unnecessary Barriers, and Ensuring Consistency Across the Department of Interior Lands and Waters. This sets a department wide ...

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Georgia: Senate Passes Bill to Strengthen Firearms Preemption

Wednesday, January 14, 2026

Georgia: Senate Passes Bill to Strengthen Firearms Preemption

On Tuesday, January 13th, the Senate passed Senate Bill 204, concurring with House amendments to include stronger firearms preemption language.

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.