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BREAKING! Stay of Mandate in Duncan Case Granted.

December 21, 2021

Plaintiffs in the Duncan v. Bonta “large capacity magazine” case recently were dealt a blow when the Ninth Circuit en banc panel of judges reversed two lower courts who initially sided with gun owners and their ability to possess magazines holding over 10 rounds as lawful, thus stating that Governor Newsom’s attempt to make those magazines illegal was unconstitutional. But, when the Ninth Circuit overturned both the lower court and the Ninth Circuit panel in favor of the state, it sent shockwaves through the Second Amendment community and showed once again the Ninth Circuit’s bias against the Second Amendment.

Plaintiffs, including CRPA, acted quickly and filed a Motion to Stay Mandate which would keep the status quo in place while a Writ of Certiorari is filed with the Supreme Court to appeal the decision of the en banc panel. On December 20th the Ninth Circuit granted the Motion to Stay the Issuance of Mandate for a period of 150 days while the filings are completed for the Supreme Court.

With this Stay of Mandate granted by the court, it essentially means everything carries on as it has for the past several years. Those individual who lawfully own or possess magazines holding more than 10 rounds are allowed to keep them while the case is appealed.

To Read the Motion to Stay CLICK HERE.

To Read the Order granting the Motion CLICK HERE.