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
House-Passed NDAA includes Anti-Gun Provisions

News  

Sunday, September 26, 2021

House-Passed NDAA includes Anti-Gun Provisions

The U.S. House of Representatives recently passed its version of the National Defense Authorization Act (NDAA), the annual defense bill that directs funding for our nation’s military.

Biden Administration Asks the U.S. Supreme Court to Judicially Nullify the Right to Bear Arms

News  

Monday, September 27, 2021

Biden Administration Asks the U.S. Supreme Court to Judicially Nullify the Right to Bear Arms

On September 21, the Biden Administration filed an amicus brief in the pending U.S. Supreme Court case of New York Rifle & Pistol Association v. Bruen, supporting New York’s draconian and unconstitutional restrictions on the right to bear ...

DOJ Releases Biden Gun Confiscation Order Legislation

News  

Wednesday, June 9, 2021

DOJ Releases Biden Gun Confiscation Order Legislation

DOJ has made clear that Garland’s selective definition of “civil rights” has no room for the Second Amendment...

Biden Administration Bans Importation of Russian Ammunition

News  

Sunday, August 22, 2021

Biden Administration Bans Importation of Russian Ammunition

The Biden Administration’s Department of State announced that it will soon prohibit the importation of Russian ammunition into the United States. According to a release on the Department of State’s website, “[n]ew and pending permit applications ...

California: Governor Newsom Signs Anti-Privacy Legislation

Friday, September 24, 2021

California: Governor Newsom Signs Anti-Privacy Legislation

Yesterday, Governor Newsom signed Assembly Bill 173 into law, giving researchers access to a host of information on gun owners, including personal identifying information.

NRA Reacts to the Withdrawal of the David Chipman Nomination

News  

Thursday, September 9, 2021

NRA Reacts to the Withdrawal of the David Chipman Nomination

The NRA applauds the reported withdraw of David Chipman's nomination to head the ATF.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

CNN Pushes Chinese Communist Party Line on Guns

News  

Monday, September 27, 2021

CNN Pushes Chinese Communist Party Line on Guns

CNN’s anti-gun bias, including a willingness to fake stories to push gun control, has been apparent for decades.

Firearms in Common Use

News  

Monday, September 27, 2021

Firearms in Common Use

Think of the foremost applications of a firearm. Self-defense and protection have become the primary motivation for Americans’ acquisition of firearms, but the prevalence of defensive gun use remains disputed.

University President, Activist Scolds, Try to Take “Come and Take It” Battle Cry

News  

Monday, September 20, 2021

University President, Activist Scolds, Try to Take “Come and Take It” Battle Cry

Long a slogan of defiance and independence, it is little wonder that the phrase “Come and take it” now finds itself falling into disfavor with a new generation of busybodies and penny-ante authoritarians. The latest ...

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.