Bill Bradford via ( Flickr

The 9th Circuit court is looking to rehear Duncan V. Becerra, the case that resulted in the the law mandating 10-round California compliant magazine being ruled unconstitutional.

The 9th Circuit will have 11 judges from the Circuit court who do not have senior status rehear the case. Interestingly enough 10 of the 29 judges on 9th Circuit court were appointed by former President Trump.


The California Rifle & Pistol Association is looking forward to another day in court on the case, having won first a lower court ruling in 2019 as well as that of the appeals court last year.

“We’re excited to have another opportunity to defend what Californians already know – law-abiding citizens’ ability to purchase, possess, and use standard-capacity magazines in California is a fundamental civil right and shall not be infringed,” said Chuck Michel, CRPA’s president and general counsel.

Meanwhile, anti-gun groups are eager for another swing at the ruling with what has traditionally been the country’s most liberal circuit court.

“The Constitution, properly understood, should not entitle people to weapons of war, or prevent states from prohibiting military-style firearms or the large-capacity magazines they use,” said Jonathan Lowy, Brady’s chief counsel. “The Ninth Circuit was correct to review this incorrect decision, and hopefully begin to reinstate the authority of Californians to enact strong gun laws that protect them from gun violence.”

The initial ruling that labeled this high capacity Magazine ban unconstitutional came in August of 2020, oral arguments for this case will likely come around March and a ruling will not be heard for several months after that. This case is ripe for the Supreme court, as mentioned it will be a case pro-gun and anti-gun forces look forward to seeing.

Notify of
Inline Feedbacks
View all comments

You may also like