CRPA Files Opposition to Stay of Injunction in Duncan v. Bonta

September 30, 2023
It’s been a busy week in the case of Duncan v. Bonta, CRPA’s challenge to the state’s ban on buying, selling, and transferring magazines holding more than 10 rounds.  Last night, CRPA filed our opposition to the State’s request for an emergency stay of the injunction.
Last week the state filed an emergency request with the Ninth Circuit Court of Appeals to stay the injunction against the ban. The emergency stay asks for the status quo to stay in place while the full appeal moves through the court. The state requested that the court keep the ban in place, but did not challenge the “grandfathering in” of those people who already have magazines with more than 10 rounds in their possession.

The Ninth Circuit Court granted the stay on the injunction and extended that stay until October 10th when we should know the outcome.  The Ninth Circuit also decided to take up the Duncan appeal with the original en banc panel, thus skipping over the traditional three-judge panel usually employed for such hearings.

The judges from original three-judge panel were not happy about this move, and expressed great vitriol towards their fellow judges for passing over them, but CRPA believes that this move will make the Duncan case move more quickly through the appeals process and lines this case up as one of the first in line to be heard in the next session of the Supreme Court.  In short, this may have saved two years of litigation by the court choosing to place the appeal with the en banc panel right away.

At this time, we do not have a briefing or hearing schedule past the October 10th date at this point, but we will report on those upcoming dates as they are set by the court.

Thank you to all who have supported this critical case thus far!  We will continue our effort to rid California gun owners of this unconstitutional restriction.

End The Magazine Ban!