U.S.A. -(AmmoLand.com)- Friday, the California Attorney General’s office filed a petition for an en banc hearing in Duncan v. Becerra—the NRA funded case challenging California’s ban on the possession of magazines capable of holding more than 10 rounds. The petition was expected after the 9th Circuit court of appeals affirmed that the ban violated the Second Amendment on August 14, 2020. With this move, Attorney General Xavier Becerra is doing the bidding of the anti-gun lobby, who earlier this week demanded that California continue to defend the unconstitutional magazine prohibition.
“Predictably, California’s Attorney General wants to override our recent victory in the 9th Circuit, where the arbitrary ban against standard-capacity magazines was correctly declared unconstitutional. Notice the hypocrisy: Like ammunition for self-defense, AG Becerra wants as many judges as possible when it serves himself. The NRA will continue to defend law-abiding Californians and the 9th Circuit’s ruling in favor of your Second Amendment rights.” – Jason Ouimet, NRA-ILA Executive Director
The case centers on California Penal Code §32310, which prior to 2016, imposed restrictions on the manufacture, importation, sale, transfer, and receipt of magazines capable of holding more than ten rounds. In 2016, the law was amended to add an outright ban, prohibiting nearly everyone in the state from possessing such magazines. California residents who owned LCMs were given the option of removing the magazine from the state, selling it to a firearms dealer, permanently modifying the magazine so that it was incapable of holding over ten rounds or surrendering it to law enforcement for destruction. Failure to do so could result in imprisonment for up to a year.
Your NRA will continue to keep you updated as this case progresses.
About NRA-ILA:
Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org
ALL ‘gun control laws” are unconstitutional as they go against the strict wording of the Constitution. NO LAW may stand that is not in 100% harmony with the constitution.
ALL “gun control laws” are anti-constitutional as they attempt to change the constitution and bypass the amendment process.
Unconstitutional “gun control laws” work because Americans are screaming yellow cowards and it is easier to kneel than to stand.
Kneel at your own peril.
The initial ruling by Benitez is rock solid on this one. Couldn’t be a better choice for a USSC case.
Becerra is a snake when it comes to the people’s rights to firearms. He’s decided that the Nineth Circuit Court didn’t rule correctly on the magazine issue and so again this viper has imposed his will with yet another challenge. “Attorney General Becerra Files for en banc Review with the Ninth Circuit in the Duncan v. Becerra case.” The trouble with any unconstitutional laws, is that they seem to stay in effect even if questionable. This tends to work well for the Attorney General anytime he disagrees. His ploy to tie up unfavorable decisions by keeping them in constant litigation… Read more »
Well said !!
The more they push the closer it comes East to SCOTUS DO KEEP PUSHING CALIFORNIA KEEP PUSHING WE NEED SCOTUS TO MSKE IT FINAL