Ninth Circuit to Hear Case Challenging California’s Magazine Ban En Banc

Yesterday, the Ninth Circuit granted en banc review of an NRA-ILA backed lawsuit challenging California’s ban on magazines containing more than ten rounds. This case challenges California Penal Code § 32310, which was amended in 2016, to outright ban magazines capable of holding more than ten 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. Shortly thereafter, California’s Attorney General, Xavier Becerra, filed a petition for an en banc hearing, a hearing before 11 judges as opposed to the three-judge panel, in order to overturn the decision. By granting en banc review, the previous decision ruling that California’s magazine ban statute violated the Second Amendment is vacated. This result is not surprising. This is the fifth time that the Ninth Circuit has granted en banc review in a Second Amendment case, all of which were either brought by the NRA or supported by the NRA with an amicus curiae brief. The en banc oral argument will take place during the week of March 22. Attorneys from Kirkland and Ellis will be making that argument. The NRA is prepared to continue to fight to defend the Second Amendment in California and throughout the country. The case is called Duncan v. Becerra. Please stay tuned to www.nraila.org for future updates on this and all of ILA’s efforts to defend your constitutional rights.