Judge Grants Partial Stay in Magazine Judgment

April 4, 2019 Alert

Litigation

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.

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.