More Winning, or the Stalemate Continues…


Ninth Circuit Upholds Preliminary Injunction Against Newsom’s Standard Capacity Magazine Ban

In another blow to Lt. Governor Gavin Newsom’s anti-gun agenda, a three-judge panel of the Ninth Circuit issued a ruling in the case of Duncan v. Becerra on Tuesday, upholding a lower court’s decision to suspend enforcement of Proposition 63’s restriction on the possession of magazines capable of holding more than 10 rounds.

Following the enactment of Proposition 63, CRPA attorneys sought an injunction against the magazine possession ban, arguing that the law violated the Second Amendment, as well as the due process and takings clauses of the United States Constitution. Federal District Court Judge Roger T. Benitez agreed, issuing a preliminary injunction just days before the law was set to take effect. California quickly appealed the decision.

On appeal, the Ninth Circuit held that Judge Benitez did not abuse his discretion, holding that he applied the correct legal standards and made reasonable inferences based on the record. But one judge on the panel disagreed. Responding to the dissent, the majority noted that it was not within the panel’s authority to re-weigh the evidence of the case, nor could it substitute its discretion for that of the district court. What’s more, referencing the Ninth Circuit’s 2014 ruling in Fyock v. Sunnyvale, which affirmed the denial of an injunction against a local magazine ban, the majority held that simply because a judge disagrees with another district court does not necessarily mean the district court abused its discretion on the matter.

Meanwhile, in the trial court, a motion for summary judgment is pending and a ruling on the merits of the case is expected soon. Regardless of the outcome, the case will most certainly be appealed again to the Ninth Circuit. But by that time, the Supreme Court will likely have a new Justice who respects the right to keep and bear arms as protected by the Second Amendment.

To stay informed on the Duncan case, as well as other important Second Amendment issues affecting California gun owners, be sure to subscribe to NRA and CRPA email alerts. And be sure to visit the NRA-ILA California dedicated webpage at http://www.StandAndFightCalifornia.com and the new CRPA webpage at http://www.CRPA.org.

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About NotClauswitz

The semi-sprawling adventures of a culturally hegemonic former flat-lander and anti-idiotarian individualist, fleeing the toxic cultural smug emitted by self-satisfied lotus-eating low-land Tesla-driving floppy-hat wearing lizadroid-Leftbat Califorganic eco-tofuistas ~

3 thoughts on “More Winning, or the Stalemate Continues…

  1. Soooo glad we don’t live there anymore.

    The other day through normal circumstance, my youngest son had left his side arm locked in the safe at a friends house in a town down the road. He was at our house and explained the situation. He asked to borrow one of mine. “Sure” I said. “Want to use the Springfield 1911?”. “Yup” was his one word reply. I also suggested he use the Wilson mags, which he did.

    As long a handgun is concealed in your vehicle, it is legal. God bless Texas. (Yes, I have it back now, all rounds accounted for)

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