The Second Amendment scored a rare victory in one of the most anti-gun states in America.
In landmark case Duncan v. Becerra, the courts decided in favor of letting California gun owners purchase standard capacity magazines that hold more than ten rounds. This style of magazine was banned in California since 2000, much to the dismay of gun owners.
The case was filed in 2017 in order to challenge the constitutionally of the ban. Virginia Duncan, a gun owner who had the type of ammo that was banned, brought the case with the support of gun rights organizations against California Attorney General Xavier Becerra.
The California Rifle & Pistol Association (CRPA) was behind bringing the case to the United States District Court in San Diego along with Duncan. The organization has been around since 1875, and has over 30,000 members. The National Rifle Association’s legal team was also instrumental in guiding the CRPA through the court process to get the ban overturned.
Luckily in the ruling, the court decided in favor of the plaintiffs in challenging California Government Code § 31310, which banned “large capacity magazines” or LCMs, as they are sometimes called. The case was heard by a three-judge panel with a decision coming out two-to-one.
US District Court Judge Barbara Lynn dissented. The other two judges obviously didn’t agree with her.
The court came to the conclusion that the ban was unconstitutional. Gun owners all over California were overjoyed at the conclusion.
It remains to be seen whether this case will make it to the United States Supreme Court. For their upcoming docket, they refused to evaluate any of the ten cases that directly relate to the Second Amendment, so they might not be too keen on hearing this new one out of California.
The California Attorney General’s office put out a statement saying that they would appeal the decision because it’s with the “goal of protecting public safety.” Many anti-gun people, including Becerra, suggest the only purpose of a magazine with more than ten rounds is to commit mass murder. Clearly, this isn’t someone terribly familiar with firearms.
For right now, it’s a major victory for gun rights all across the state of California — and they need all the wins they can get.