Duncan v Bonta Update: Federal Judge Benitez Strikes Down CA Mag Ban

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Duncan v Bonta Update: Federal Judge Benitez Strikes Down CA Mag Ban

In a significant and highly anticipated decision, United States District Court Judge Robert Benitez declared California's ban on magazines capable of holding more than ten rounds of ammunition unconstitutional.

The ruling is a landmark development in the ongoing debate over gun control and the Second Amendment.

Judge Benitez's Decision

In the case of Duncan v Bonta, Judge Benitez ruled that California's ban on high-capacity magazines violated the Second Amendment rights of firearms owners.

He argued that the state's restrictions on so-called high-capacity magazines, which are typically possessed for lawful purposes, failed to meet the constitutional standards set by the Supreme Court in its New York State Rifle and Pistol Association v. Bruen decision last year.

In his decision, Judge Benitez stated, "This case is about a California state law that makes it a crime to keep and bear common firearm magazines typically possessed for lawful purposes.

Based on the text, history, and tradition of the Second Amendment, this law is clearly unconstitutional."

Benitez also cited a June 2022 decision by the U.S. Supreme Court, New York State Rifle & Pistol Association v Bruen, requiring that firearms restrictions be "consistent with this nation's historical tradition of firearm regulation" to pass muster.

The ruling has reignited the legal battle over ammunition magazines and elevated the case to the federal courts, potentially setting the stage for a decision by the Supreme Court of the United States (SCOTUS).

It is the first of four cases that SCOTUS had previously granted, vacated, and remanded in the aftermath of the Bruen decision, indicating the High Court's scrutiny of the case and its potential significance.

The Next Legal Steps

The next phase in this legal battle will involve the Ninth Circuit Court of Appeals, which will hear the appeal of Judge Benitez's decision.

This marks the second time the appeals court will consider a challenge to the magazine limit.

In 2021, an en banc panel of the Ninth Circuit reversed Judge Benitez's previous decision and upheld the restriction as constitutional.

However, the landscape has changed significantly since then, with the Supreme Court's adoption of a new test for evaluating firearms restrictions—one that focuses on whether modern regulations align with those existing when the Second Amendment was drafted.

Judge Benitez found that the government's proposed analogies for the magazine ban did not meet this new standard.

Implications and Reactions

The implications of this ruling are far-reaching.

While some advocates celebrate it as a victory for gun rights, others view it as a potential threat to public safety.

The decision has sparked a heated debate in California and nationwide.

California Governor Gavin Newsom, who has advocated for stricter gun control measures and even a partial repeal of the Second Amendment, strongly criticized the decision and disparaged Judge Benitez as an "extremist, right-wing zealot."

He called for a constitutional amendment to address gun violence.

The National Rifle Association (NRA) responded to the ruling, calling it a "wake-up call" for the governor and emphasizing the importance of upholding the Constitution.

Judge Robert Benitez's recent decision declaring California's ban on high-capacity magazines unconstitutional is pivotal in the ongoing debate over gun control and Second Amendment rights.

The case's journey through the federal courts, with a potential review by the Supreme Court, will continue to shape the nation's gun laws and ignite passionate discussions on the balance between individual liberties and public safety.

This legal battle will remain a critical issue in American jurisprudence and policymaking as it unfolds.

Impact on Gun Owners in California

Judge Robert Benitez's ruling declaring California's ban on high-capacity magazines unconstitutional has significant implications for gun owners in the state.

Here's what this decision means for those who legally possess firearms in California:

california 10 round magazine law

Restored Access to High-Capacity Magazines
The ruling effectively lifts the ban on magazines capable of holding more than ten rounds of ammunition in California.

This means that gun owners in the state can legally possess, use, and acquire such magazines without fear of violating state law.

Expanded Self-Defense Options
For many gun owners, high-capacity magazines are seen as essential for self-defense.

With the ban lifted, individuals may feel more secure knowing they have increased ammunition capacity in case of a self-defense situation.

Legal Clarity
The ruling provides a degree of legal clarity for California gun owners who have long contended with evolving and sometimes contradictory firearms regulations.

It confirms that possessing high-capacity magazines for lawful purposes is protected by the Second Amendment.

Potential for Legal Challenges
While the ruling is a significant victory for gun owners, it's important to note that the legal battle is far from over.

The California Attorney General has already filed a notice of appeal, and the case will proceed to the Ninth Circuit Court of Appeals.

There, the fate of the ban may once again be decided, and the legal landscape may evolve further.

National Impact
Beyond California, this ruling could have implications for gun owners in other states.

If the case eventually reaches the Supreme Court and results in a landmark decision, it may set a precedent that affects how firearm regulations are evaluated nationwide.

Continued Debate
The decision has ignited passionate debates on the balance between individual Second Amendment rights and public safety.

Gun owners may find themselves engaged in ongoing discussions about the responsible use and regulation of firearms in California.


For gun owners in California, it is essential to stay informed about the evolving legal landscape and any changes in firearm regulations that may result from this case.

As the legal battle continues, the rights and responsibilities of gun owners may be subject to further adjustments, making it crucial to keep abreast of developments in firearms laws and regulations within the state.

Additional California 2A News

For more information on Second Amendment Rights and recent legislation updates (specifically for California), check out our recent article on California's Assault Weapons Ban Declared Unconstitutional by Federal Judge

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