Judge Grants Partial Stay in Magazine Judgment

Federal Court Stays “Large-Capacity” Magazine Ruling

Effective Friday @ 5:00PM

 

Today, Federal District Court Roger T. Benitez issued an order staying enforcement of the judgment in the NRA and CRPA supported case of Duncan v. Becerra. Last Friday, Judge Benitez issued a tremendous victory for gun owners, striking down California’s restrictions against the manufacture, importation, sale, transfer, receipt, and possession of magazines capable of holding more than 10 rounds.

 

Today’s ruling stays enforcement of the injunction as applied to the restrictions against the manufacture, importation, sale, transfer, and receipt of so-called “large-capacity” magazines, as of 5:00PM TOMORROW, April 5, 2019. In other words, those restrictions will once again be enforceable after that time. But the ruling also clarifies that the injunction against those restrictions will remain in effect “for those persons and business entities who have manufactured, imported, sold, or bought magazines able to hold more than 10 rounds between the entry of this Court’s injunction on March 29, 2019 and 5:00 p.m., Friday, April 5, 2019.”

 

Additionally, the ruling also makes clear that the preliminary injunction issued in July 2017, which prohibited the enforcement of the “possession” restriction enacted by Proposition 63 and Senate Bill 1446 will remain in effect during the appeal. In other words, California residents who lawfully possess magazines capable of holding more than 10 rounds may continue to possess them while the case is appealed.

 

That said, it is critical that anyone who possesses one of the magazines in California refuse to talk to law enforcement if asked about their magazine.

 

For future updates on the Duncan case, as well as other important Second Amendment related issues in California, be sure to subscribe to NRA and CRPA email alerts by visiting the NRA-ILA California webpage at https://www.nraila.org/campaigns/california/stand-and-fight-california/ and the CRPA webpage at www.CRPA.org.

50 Comments

  • Can you clarify the words “for those persons and business entities who have manufactured, imported, sold, or bought magazines able to hold more than 10 rounds between the entry of this Court’s injunction on March 29, 2019 and 5:00 p.m., Friday, April 5, 2019.”
    If magazines were sold within the period of March 29 to April 5, but not yet delivered are they legal? It would seem they would be because they were “sold” withing the legal period.

  • What if the magazine was purchased within the legal window, but has not arrived in shipping yet? Legally purchased, illegally imported?

  • To everyone at CRPA, thank you for all of your hard work on this. My question is related to hand gun magazines only. By example, a standard capacity Glock 19 magazine (more than 10 rounds purchased after last weeks ruling by judge Benitez) and received by me prior to the 5pm deadline today, April 5. Is this magazine now legal to be used by me at a public range after today’s 5pm cutoff? I realize this is a tricky area of the law, but obviously it is an important question related to a potential trap for perhaps tens of thousands of law abiding CA gun owners who recently bought and received 10+ round magazines.

  • If you already bought but have still not received your standard capacity magazines and will not receive them before the 5:00 pm deadline will you become a felon overnight?

    • Hi Chris, Per Judge Benitez’s and our update, as long as it is purchased before 5 PM on April 5, it is our current understanding that you would still be in good legal standing.

  • When you look at all elements of this ruling, the 5pm cutoff today to receive LCMs was a short grace period set by the court, and it is firm. Any magazines received after that time are considered illegal. If the state wants to, they can go after both sales and shipping receipts to confirm times and dates of delivery.

  • Hi guys thanks for keeping us up to date. Does unblocking ones existing magazines fall under “manufacturing” or considered a purchase? And how can I find out if I’m allowed to use my magazines at public ranges in the Los Angeles county ?

  • And, so it continues on as the legislature and the courts play ping pong with our 2A rights.
    What recourse does the citizenry have when the State ignores the Constitution?

  • Why is it that every pro gun decision is immediately overturned and every anti gun decision is never overturned?

  • Would a standard capacity glock magazine purchased in the “legal” window still be able to be legally used for a concealed carry after tonight at 5?

  • Other California gun associations are stating if standard capacity magazines were purchased online prior to 5pm 04/05/19 and are in transit after 5 pm 04/05/19 they are illlegal. If that is the case how does an individual not take poccesion and violate the law?

  • In regards to “manufactured“, could someone have unblocked old 10/30 ar mags and converted to 30rd mags before the deadline? Also could those same 30’s be used with a featureless AR after deadline?

  • “That said, it is critical that anyone who possesses one of the magazines in California refuse to talk to law enforcement if asked about their magazine.”

    Why is this important?

  • If they arrive tomorrow, a day after the 5pm closure, I assume that’s OK from what you say. Is it legal to use them at the range? – or if so – will that just attract unwanted attention and legal difficulties to prove a point if an uniformed LEO decides to leave it up to a judge after arresting me!

    Any thoughts on how to prove they were bought legally in the 2019 window?

  • Can you elaborate on “refuse to talk to law enforcement”. So, say “no comment” or “I don’t know anything”. Can you give some advice about how that conversation should go?

  • Even though the “high” capacity magazines were purchased legally during the recent window, would you advise against using them in a ccw-permitted handgun?

  • Can a standard capacity magazine for a CA-“featureless” AR-style rifle that was purchased in “the window” be used at a public range?

  • Some dealers were willing to sell magazines during the “window” but not issue receipts proving they were sold during that time. How would a person prove the magazines were purchased before the April 5 deadline?

  • Phil Boinske–“The second amendment does not call for any magazine restriction. This is illegal.”
    Since when has that stopped them? NFA ’34 is patently unlawful, GCA’68 is patently unlawful, the unvoted-upon Hughes Amendment to FOPA ’86 is patently unlawful, etc. etc. etc. The anti’s will argue “…the Founders didn’t have magazines in mind because the 2nd amendment only protects muzzle-loading smoothbore muskets…” just as they have argued that the 2nd Amendment is a collective right [ignoring the fact that ALL the BofR amendments enumerate rights of the INDIVIDUAL.]

  • Will I be able to use the Magazines purchased before April 5th cut off In my California legal AR15? I have gotten mixed answers

  • As gun owners we need protection from confiscation of firearms without full compensation. This act alone would stymie the state legislature from enacting such a plan due to overwhelming cost of such a legislative act being enforced. Expropriation of assets of any type from the citizens of California using Eminent Domain or creating a law without paying full value, be it land or firearms should be protected by law.

  • Can you please explain what this means:
    “That said, it is critical that anyone who possesses one of the magazines in California refuse to talk to law enforcement if asked about their magazine.”

  • So if I would have legally purchased standard magazines for a Glock 19 and also have a conceal carry weapons permit, could I use that without any legal issues?

  • When I enlisted I took an oath, I did not understand the meaning of everything it spelled until much later. It states that “I, do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic.” On that premise, considering the 2nd amendment is part of the Constitution, it is my duty in oath, to “support and defend” the United States Constitution, key words here, “against all enemies, foreign and domestic.”

  • This is the same question except with regards to having a CCW. I purchased two 15 round Magazines for my Glock last week and I am wondering if it is legal to carry those now? I live in Orange County, I called the Sheriffs office and the woman on the phone said NO, but then after further questions she said she wasn’t sure and went to ask someone. When she came back to the phone she said it still was NO. I’d hate to have to defend myself only to be arrested for using an illegal magazine.

  • If we purchased a high capacity magazine legally during the time allowed to and we own a Ar platform rifle with a magazine lock can we convert it over to a featureless rifle an use the high capacity magazines?

  • What if I ordered magazines from out of state before the deadline and had them shipped to someone in ca and it doesn’t arrive till after the deadline?

  • Thanks for the info. I noticed that PSA and Magpul are issuing refunds for orders places within the timeframe (before 5pm Friday, April 5th) but were not shipped before 5pm. If mags were purchased within the time period, but weren’t shipped before the deadline, can the order still be fulfilled? If so, how can we clarify this and pass that info along to companies?

  • With legally acquired standard magazines (hold more than 10 rds), can you use them at the shooting ranges, both private businesses and at public land? Or perhaps the competition?

    It’s terrible that you own them legally and cannot use them legally.

  • Just as any “Grandfathered” magazines, they are OK to have out and about “In Public” as long as all else is good. As above, talk to LEO as little as possible, if at all!! The easiest is to say you got them during “Freedom Week” (March 29 – April 5, 2019).

  • I was wondering about rifle magazines and what configuration my rifle must be in in order to use the new magazines? I was told featureless was ok. But I thought I remembered a law stating centerfire semi autos cannot use mags larger then 10 regardless of configuration.

  • Is there anything that can be done about a retailer who took an order on the 4th, but now refuses to ship it? They didn’t notify of non shipment until the 10th, way after any opportunity to go somewhere else.

  • I have a question regarding the standard cap magazines aquired within the legal time period. Do we need to keep proof of purchase or some way to show we bought them during that week? Or is it up to the state to prove that we didn’t.

  • What if you purchased a standard capacity magazine via the internet during the legal window, but it was defective when you received it. Can you send it back and still receive a new one legally?

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