NRA Asks Supreme Court to Strike California's Magazine Ban

NRA will argue that California’s ban violates the Second Amendment, the Takings Clause, and the fundamental right of self-defense.

by posted on March 1, 2022
Us Supreme Court

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 10 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 10 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 50th 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.

 

Latest

Sisk Cautionary Date
Sisk Cautionary Date

Cupid's Arrow to Cautionary Tale

It's great to be love struck—but exercise caution, have a plan and trust your instincts if the mood suddenly changes.

The Armed Citizen® February 21, 2025

The wife of an off-duty police officer helped to defend the life of a woman who was being assaulted by her husband.

What’s an SBR?

The law places special restrictions on short-barreled rifles. But what exactly are they?

New Guns 2025: SIG Sauer M400 ROSE Rifle

In partnership with world shooting champion Lena Miculek, SIG Sauer's ROSE brand has expanded into new territory: an AR-platform rifle.

Updated for 2025: Traveler's Guide to the Firearms Laws of the Fifty States

Are you following the law when you travel with your firearms? The latest edition of one of the most essential guides you’ll own is now available.

Simply Put: What’s the NFA About?

What’s included in the National Firearms Act and what do the different classifications mean?

Women's Interests



Get the best of NRA Women delivered to your inbox.