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Here's a brief summary of FAQ:
1. What did the Ninth Circuit three-judge panel hold? The Ninth Circuit held that the entirety of California Penal Code section 32310 is unconstitutional under the Second Amendment. The ruling affirms the 2019 order of the Honorable Judge Roger Benitez of the United States District Court for the Southern District of California.
2. What does it mean that the Ninth Circuit applied strict scrutiny in this case? When courts review constitutional challenges to government action, they can apply one of various levels of review. Three of the most commonly levels of review, called levels of “scrutiny,” are rational basis, intermediate scrutiny, and strict scrutiny. Whether a law will be upheld as constitutional can depend heavily on which level of scrutiny is applied to evaluate the constitutionality of a law ... What makes the Duncan ruling so important is that it marks one of the few times strict scrutiny has been explicitly applied in a Second Amendment case. While CRPA is thrilled that this decision struck the ban on magazines over 10 rounds, the court’s application of strict scrutiny is also great news for current and future Second Amendment cases in California. This precedent will no doubt help CRPA in its challenges to numerous other infringements the state has imposed on the right to bear arms.
3. What did the Ninth Circuit say about the use of intermediate scrutiny? Since the Heller and McDonald decisions, CRPA has been disappointed to see courts apply intermediate scrutiny in name only ... the Ninth Circuit finally gave us the fair analysis we’ve been waiting for. While the panel found that strict scrutiny applies, it also conducted a review of California’s magazine ban under intermediate scrutiny and found that it would not survive that more permissive standard either. According to the court, the statute was simply not a reasonable fit to the important public safety interests that it was enacted to serve. As the court writes, “[w]hile the precise contours of intermediate scrutiny may vary, this much is certain: It has bite. It is a demanding test.” And, in what appears to be a clear criticism of the bad-faith review of other circuits, the court states that “intermediate scrutiny cannot approximate the deference of rational basis review.”
4. Does this mean that it is now lawful to own or possess magazines over 10 rounds in California? YES!
5. Can I start buying or selling magazines over 10 rounds in California today? NO!
6. Can I use magazines over 10 rounds that I lawfully acquired at a shooting range? YES!
7. Can I carry the magazines I lawfully acquired with a firearm pursuant to a carry license? YES!
8. I own magazines over 10 rounds that are currently out of state, can I bring them back to California now? NO!
9. Can I travel outside of California with magazines over 10 rounds that I lawfully acquired and then bring them back into California? NO!
10. What are the penalties for violating California’s magazine restrictions? Anyone who “manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazines” can be charged with either a misdemeanor punishable by up to a year imprisonment or felony punishable by up to 3 years imprisonment (known as a “wobbler”). Until it is clear that Judge Benitez’s 2019 stay order is lifted, law enforcement might seek to enforce these provisions, exposing you to criminal liability.
11. How does the court’s ruling affect California’s “nuisance” provision? While law enforcement might in fact seize so-called “large capacity” magazines as a “nuisance” under Penal Code section 32390, it is our attorneys’ view that there is no legal authority for it to do so—at least not for those who lawfully acquired their magazines. In fact, our attorneys believe section 32390 is unenforceable against at least lawfully acquired “large capacity” magazines, regardless of this ruling, as it was never intended to apply to them ... In any event, even if our attorneys’ analysis of section 32390 is wrong, the Duncan decision makes clear that it is unconstitutional and thus unenforceable. The notion that an item whose possession is protected by the Second Amendment can be seized by government provided there is no criminal penalty is absurd.
12. What’s next for the Duncan appeal? At this point, that is largely up to Attorney General Becerra and the judges of the Ninth Circuit. The State might choose to accept the panel’s decision, or it could petition the three-judge panel to reconsider its ruling and/or petition the entire Ninth Circuit to rehear the case en banc. And even if the State chooses not to seek rehearing, a judge of the Ninth Circuit might call for a vote to take the case en banc anyway. If rehearing is ordered, additional briefing may be requested, another date for oral argument will be set, and another decision from the Ninth will issue. At that point, the losing party will decide whether to ask the Supreme Court to weigh in by filing a petition for writ of certiorari ... Alternatively, the State could seek direct review by the United States Supreme Court. That avenue will require briefing by the parties on whether the Court should review the Ninth Circuit’s decision and, if the Court chooses to do so, additional briefing and oral argument ... Either way, this process can take months or years.
13. Where can I view the filings in the Duncan v. Becerra lawsuit? All case filings can be viewed online for free at http://michellawyers.com/duncan-v-becerra/.
14. Who is responsible for litigating Duncan v. Becerra? The California Rifle & Pistol Association (CRPA), with financial support from the National Rifle Association and The CRPA Foundation (CRPAF) filed this lawsuit after hearing the concerns, outrage, and fear from members who were being forced by the passage of Prop 63 and Senate Bill
Metal God, yeah it's sad to see what's become of Calguns. Used to be a great site but the democrats have taken it over also!
1. What did the Ninth Circuit three-judge panel hold? The Ninth Circuit held that the entirety of California Penal Code section 32310 is unconstitutional under the Second Amendment. The ruling affirms the 2019 order of the Honorable Judge Roger Benitez of the United States District Court for the Southern District of California.
2. What does it mean that the Ninth Circuit applied strict scrutiny in this case? When courts review constitutional challenges to government action, they can apply one of various levels of review. Three of the most commonly levels of review, called levels of “scrutiny,” are rational basis, intermediate scrutiny, and strict scrutiny. Whether a law will be upheld as constitutional can depend heavily on which level of scrutiny is applied to evaluate the constitutionality of a law ... What makes the Duncan ruling so important is that it marks one of the few times strict scrutiny has been explicitly applied in a Second Amendment case. While CRPA is thrilled that this decision struck the ban on magazines over 10 rounds, the court’s application of strict scrutiny is also great news for current and future Second Amendment cases in California. This precedent will no doubt help CRPA in its challenges to numerous other infringements the state has imposed on the right to bear arms.
3. What did the Ninth Circuit say about the use of intermediate scrutiny? Since the Heller and McDonald decisions, CRPA has been disappointed to see courts apply intermediate scrutiny in name only ... the Ninth Circuit finally gave us the fair analysis we’ve been waiting for. While the panel found that strict scrutiny applies, it also conducted a review of California’s magazine ban under intermediate scrutiny and found that it would not survive that more permissive standard either. According to the court, the statute was simply not a reasonable fit to the important public safety interests that it was enacted to serve. As the court writes, “[w]hile the precise contours of intermediate scrutiny may vary, this much is certain: It has bite. It is a demanding test.” And, in what appears to be a clear criticism of the bad-faith review of other circuits, the court states that “intermediate scrutiny cannot approximate the deference of rational basis review.”
4. Does this mean that it is now lawful to own or possess magazines over 10 rounds in California? YES!
5. Can I start buying or selling magazines over 10 rounds in California today? NO!
6. Can I use magazines over 10 rounds that I lawfully acquired at a shooting range? YES!
7. Can I carry the magazines I lawfully acquired with a firearm pursuant to a carry license? YES!
8. I own magazines over 10 rounds that are currently out of state, can I bring them back to California now? NO!
9. Can I travel outside of California with magazines over 10 rounds that I lawfully acquired and then bring them back into California? NO!
10. What are the penalties for violating California’s magazine restrictions? Anyone who “manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazines” can be charged with either a misdemeanor punishable by up to a year imprisonment or felony punishable by up to 3 years imprisonment (known as a “wobbler”). Until it is clear that Judge Benitez’s 2019 stay order is lifted, law enforcement might seek to enforce these provisions, exposing you to criminal liability.
11. How does the court’s ruling affect California’s “nuisance” provision? While law enforcement might in fact seize so-called “large capacity” magazines as a “nuisance” under Penal Code section 32390, it is our attorneys’ view that there is no legal authority for it to do so—at least not for those who lawfully acquired their magazines. In fact, our attorneys believe section 32390 is unenforceable against at least lawfully acquired “large capacity” magazines, regardless of this ruling, as it was never intended to apply to them ... In any event, even if our attorneys’ analysis of section 32390 is wrong, the Duncan decision makes clear that it is unconstitutional and thus unenforceable. The notion that an item whose possession is protected by the Second Amendment can be seized by government provided there is no criminal penalty is absurd.
12. What’s next for the Duncan appeal? At this point, that is largely up to Attorney General Becerra and the judges of the Ninth Circuit. The State might choose to accept the panel’s decision, or it could petition the three-judge panel to reconsider its ruling and/or petition the entire Ninth Circuit to rehear the case en banc. And even if the State chooses not to seek rehearing, a judge of the Ninth Circuit might call for a vote to take the case en banc anyway. If rehearing is ordered, additional briefing may be requested, another date for oral argument will be set, and another decision from the Ninth will issue. At that point, the losing party will decide whether to ask the Supreme Court to weigh in by filing a petition for writ of certiorari ... Alternatively, the State could seek direct review by the United States Supreme Court. That avenue will require briefing by the parties on whether the Court should review the Ninth Circuit’s decision and, if the Court chooses to do so, additional briefing and oral argument ... Either way, this process can take months or years.
13. Where can I view the filings in the Duncan v. Becerra lawsuit? All case filings can be viewed online for free at http://michellawyers.com/duncan-v-becerra/.
14. Who is responsible for litigating Duncan v. Becerra? The California Rifle & Pistol Association (CRPA), with financial support from the National Rifle Association and The CRPA Foundation (CRPAF) filed this lawsuit after hearing the concerns, outrage, and fear from members who were being forced by the passage of Prop 63 and Senate Bill
Metal God, yeah it's sad to see what's become of Calguns. Used to be a great site but the democrats have taken it over also!
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