Judge Issues Partial Stay in CA ‘High Capacity’ Mag Ban

A judge in Southern California on Friday declared the state’s ban on high-capacity magazines unconstitutional.
Milpitas Police Department

U.S. District Judge Roger Benitez issued a partial stay in the judgement against California’s “high capacity” magazine ban.

A brief history on rulings associated with this ban is helpful:

  • On June 29, 2017, Breitbart News reported that Benitez blocked the implementation of California’s “high-capacity” magazine ban two days before it was to go into effect. He noted that the ban could not survive the test of Supreme Court’s District of Columbia v. Heller (2008) ruling. He noted “When the simple test of Heller is applied … the statute is adjudged an unconstitutional abridgment.”
  • On July 17, 2018, a three-judge panel from the U.S. Court of Appeals for the Ninth Circuit upheld Benitez’s ruling by a 2-to-1 vote, but sent the case back to Benitez for reconsideration.
  • On March 29, 2019, Breitbart News reported that Benitez again ruled against the ban, issuing an order barring California Attorney General Xavier Becerra from enforcing the ban.
  • On April 2, 2019, Breitbart News reported that Becerra was requesting a stay on the March 29 ruling, pending outcome of appeal.

Benitez has now issued a stay on the March 29, 2019, ruling, effective at 5 p.m. on April 5, 2019, while subsequently upholding the June 29, 2017, ruling as a means of protecting individuals who purchased “high capacity” magazines between March 30 and April 5.

The case is Duncan v. Becerra, No. 2:17-cv-56-81 in the U.S. District Court for Southern California.

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at awrhawkins@breitbart.com. Sign up to get Down Range at breitbart.com/downrange.

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