The National Rifle Association’s Institute for Legislative Action (NRA-ILA) partnered with the California Rifle & Pistol Association (CRPA) yesterday to petition the Supreme Court to hear a challenge to California's ban on magazines capable of holding more than ten rounds.
"California’s ban violates the Second Amendment, the Takings Clause, and the fundamental right of self-defense," said Jason Ouimet, executive director of NRA-ILA. "The reason Americans choose these commonly owned magazines is the same reason law enforcement does - to better defend themselves, their loved ones, and their communities from violent attack."
The case, Duncan v. Bonta, challenges California Penal Code § 32310, which bans magazines capable of holding more than ten rounds. The NRA filed suit against California in 2017, and won a favorable decision at the district court in 2019. California appealed to the Ninth Circuit, and in August of 2020, a three-judge panel ruled that the statute was unconstitutional. In November of 2021, however, the full Ninth Circuit ignored Supreme Court precedents and upheld the ban. This marked at least the fiftieth time since the landmark NRA-backed DC v. Heller decision that the Ninth Circuit has rejected a Second Amendment challenge.
This case is captioned Duncan v. Bonta. It was previously titled Duncan v. Becerra, but the caption was changed when the Attorney General of California was replaced. This is the second magazine restriction NRA-ILA has brought before the Supreme Court in as many years. Last year, in a similar case, NRA-ILA challenged New Jersey’s magazine statute in a case still pending before the Supreme Court.
"For too long the courts have treated the Second Amendment as a second class right. The Court now has the opportunity to set the record straight and ensure the rights of all law-abiding gun owners will no longer be infringed," Ouimet concluded.
