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
This shows just what this attorney general is made of, he can’t stand the thought that the court in it’s regular size to hear the case didn’t give him the results he wanted so now he cries for the full court to hear the case.
Doesn’t he understand that he can’t win them all especially when the ruling says it would violate the second amendment.
AFAIK, the 9th Circus Court for the Southern District of California is evenly split with 8 Democrat and 8 Republican nominated Judges and 8 vacancies. This could go either way. Unless some of those vacancies have been filled by President Trump. This is as of 3/6/2020.
en dot wikipedia dot org/wiki/United_States_District_Court_for_the_Southern_District_of_California#Current_judges
Does their law call for one year or one year per magazine? I could easily see that turning into a life sentence, simply for have a few rectangular metal tubes with springs and plastic parts added. Anybody else think this violates 8th amendment ban on excessive punishment? Even if the ban were reasonable and based on magazines actually posing some risk (neither of which I believe to be the case) – how could anyone argue that having magazines is worse than running a red light? Yet where traffic violations result I need minor fines. Talk about disproportionate!
In lo these several decades I have never heard of “hiding mags in walls.” My sheltered life I guess.
One might reasonably ask why legal challenge in this case is being funded by private organizations. Why is this not being handled by the justice department at tax payer expense. Fed goes after all sorts of other civil rights infringements, why not this one?
Another tyrant. The day is coming when justice returns to America. It will either come through a righteous court — if there are any left, or through the righteous citizenry. Jefferson was right, that tree will have to be refreshed and soon. Just as our forefathers did, we have seen our GOD given constitutionally protected RIGHTS and freedoms eroded away by evil men and women. Just as our forefathers did, we have petitioned our government in the most humble terms. Just as our forefathers did, we have been answered by even more tyranny, threats, unlawful emprisonment, violence, retaliation by government… Read more »