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BREAKING NEWS: 9th Circuit to Rehear Duncan Case

February 25, 2021

The rights of California gun owners are once again under attack in the Ninth Circuit. Just today the Court issued an order that the CRPA-supported lawsuit Duncan v. Becerra be reheard by a larger 11-judge “en banc” panel. This is exactly what we have been fighting against and if this case were in any other jurisdiction, an “en banc” review would be a rare occurrence.

As reported previously, a three-judge panel of the Ninth Circuit recently held that California’s ban on standard capacity magazines is unconstitutional. That decision struck down California’s statewide prohibitions on such magazines and, in doing so, upheld a 2019 decision from the United States District Court in San Diego that resulted in hundreds of thousands—if not millions—of standard capacity magazines being lawfully purchased by California gun owners through what we have all come to know as Freedom Week.

Now that the Ninth Circuit has ordered Duncan to be reheard, the three-judge panel decision has been vacated. In other words, it is as if that decision never existed. Thankfully, however, the lower court’s order from Judge Benitez prohibiting enforcement of the State’s attempted ban on possession of such magazines remains in effect.

This means lawful owners of standard capacity magazines may continue to possess and use such magazines while the case continues to be litigated.

CRPA’s efforts in Duncan and the many other lawsuits fighting for the rights of California gun owners would not be possible without the support of our members and the public. Please help CRPA continue the fight against California’s unconstitutional laws by donating to the CRPA Foundation.

And make sure you are subscribed to CRPA email alerts and visit the CRPA website for the latest developments in Duncan.

Read the 9th Circuit Order

You can help support litigation just like this that makes a real difference to the average gun owner.

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