Today, attorneys for the California Rifle &
Pistol Association, supported by the National Rifle Association, obtained an important injunction in the case of Duncan v.
Becerra, a federal lawsuit challenging California’s restrictions
against standard capacity magazines. The injunction prevents California from
enforcing the recently enacted ban against the mere possession of magazines
capable of holding more than ten rounds, while the case is pending. The ban was
set to take effect on July 1—less than 2 days from today.
In granting the injunction, Judge Benitez
explained that Plaintiffs are likely to succeed in this lawsuit because “public
safety interest may not eviscerate the Second Amendment.”
Filed in May of this year, Duncan is the
second in a series of carefully planned lawsuits challenging the package of gun
control laws passed last year that have collectively become known as
“gunmageddon” in addition to the anti-gun Proposition 63. The case challenges
California’s restrictions on standard capacity magazines on the grounds that it
violates the Second Amendment, due process clause, and takings clause of the
United States Constitution.
As a result of the injunction, California gun
owners will not be required to surrender or
permanently alter their lawfully owned property by July 1. Instead, the
injunction preserves the “status quo” while the constitutionality of the law is
decided by the court.
To stay up to date on NRA’s legal efforts in California along with other important issues
surrounding your second amendment rights be sure to subscribe to NRA-ILA alerts, check your inbox and the California Stand and Fight webpage . To help contribute to
NRA’s legal efforts in California click here.
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