What Does The Duncan Ruling Mean For You?

What Does the Duncan Victory Mean To You Right Now?


August 14, 2020- Earlier today, a three-judge panel of the Ninth Circuit issued its opinion in the CRPA-supported lawsuit Duncan v. Becerra. This momentous decision strikes down California’s statewide prohibitions against magazines capable of holding more than 10 rounds as unconstitutional. In doing so, the Ninth Circuit upholds the 2019 decision from the United States District Court in San Diego that resulted in hundreds of thousands—if not millions—of magazines being lawfully purchased by California gun owners.


Today’s opinion, however, should not be read as immediately ending the ban on acquiring magazines over 10 rounds. While possession of these magazines remains legal under the injunction issued by the district court in 2017, it is unclear whether today’s decision lifts the district court’s 2019 order staying the injunction that would have halted the enforcement of the manufacture and acquisition ban. According to the terms of that order, it remains in effect “pending final resolution” of the Duncan appeal. And because the state of California may petition for an 11-judge en banc panel to rehear the case or file a petition directly to the Supreme Court of the United States, it may be months before this appeal is finally resolved. Put simply, take caution! It is unclear whether California residents may begin to purchase magazines over 10 rounds yet.


A more detailed analysis of today’s opinion and what’s next will be published shortly. To stay informed on the Duncan lawsuit, as well as other important CRPA-supported litigation efforts, be sure to visit the CRPA website and subscribe to CRPA email alerts.

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