Supreme Court Review Sought in NRA-Backed Challenge to California’s Magazine Ban

Today, a Petition for Certiorari was filed asking the U.S. Supreme Court to hear Duncan v. Bonta, a case—backed by the National Rifle Association and California Rifle & Pistol Association—challenging California’s prohibition on magazines capable of holding over 10 rounds.

“Tens of millions of Americans lawfully own hundreds of millions of the magazines that California bans,” said Doug Hamlin, NRA Executive Vice President & CEO. “The Supreme Court should take this case to vindicate the rights of Californians and reaffirm that the Second Amendment prohibits the government from banning common arms.”

Since 2000, California has prohibited the manufacture, import, sale, and transfer of “large-capacity magazines,” defined by the state as “any ammunition feeding device with the capacity to accept more than 10 rounds.” In 2016, the state banned the possession of such magazines, and required any lawfully possessed magazine to be surrendered, permanently altered, or destroyed.

This lawsuit was filed before the possession ban took effect, alleging that it violates the Second Amendment and the Fifth Amendment’s Takings Clause. 

After nearly a decade of litigation, in March of this year, the en banc Ninth Circuit upheld the ban in a 7-4 decision. The majority concluded that magazines are “accessories” rather than “arms,” and thus not covered by the Second Amendment. As for the takings claim, the majority dismissed it based on a prior ruling of the en banc Ninth Circuit in this case, which held that there was no Takings Clause violation.

The Petition for Certiorari emphasizes the need for the Supreme Court’s review. It explains that the Ninth Circuit’s ruling clearly contradicts the Supreme Court’s Second Amendment precedent—which establishes that common arms, including magazines owned by tens of millions of Americans, cannot be banned—and Fifth Amendment precedent—which establishes that a physical taking occurs whenever the government dispossesses someone of lawfully acquired property. The Petition further describes the confusion among lower courts on Second Amendment issues, including whether magazines are “arms,” and the need for the Court to clarify and reinforce its precedents.

“After nearly a decade of litigation, two en banc decisions, and a prior remand from the Supreme Court, this case is more than ready for the Court’s review,” said John Commerford, NRA-ILA Executive Director. “The people of California have endured long enough. It’s time to restore their constitutional rights.”

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights, and please visit www.nraila.org/litigation to keep up to date on NRA-ILA’s ongoing litigation efforts.