9th Circuit Court Says California Mag Restrictions Violate the Second Amendment

Major news coming out of the Ninth Circuit Court of Appeals as the court, in a 2-1 ruling, said that the ban on “large capacity magazines” is a violation of the Second Amendment of the United States Constitution.

Circuit Judge Kenneth Lee penned the majority opinion and was joined by Judge Consuelo Callahan in the case that was brought forth by the California Rifle & Pistol Association.

The case is known as Duncan v. Becerra.

The California Attorney General Xavier Becerra has not commented if he would ask for the ruling to be reconsidered, or if he'd bring it to the US Supreme Court.

The latter will likely not happen because they'd never chance a ruling at the Supreme Court level, because of the chance that it would cement gun rights even further.

I mean, shall not be infringed, right?

Anyway …

Because California isn't the only state in the Union that bans “large capacity magazines” this could help set policy in the future. Judge Lee said in part of his 66-page statement the following:

We understand the purpose in passing this law. But even the laudable goal of reducing gun violence must comply with the Constitution. California’s near-categorical ban of LCMs infringes on the fundamental right to self-defense. It criminalizes the possession of half of all magazines in America today. It makes unlawful magazines that are commonly used in handguns by law-abiding citizens for self-defense. And it substantially burdens the core right of self-defense guaranteed to the people under the Second Amendment. It cannot stand.

And of course all of this comes during the frenzy buying that we're currently finding ourselves in with more gun owners than ever before in recent times rushing to the stores to buy.

We're all hopeful that these people will remain pro-gun.

Californians can't currently buy these magazines just yet, according to another source I read.

There is currently a stay put in place by the lower court, and buying these standard capacity magazines cannot happen just yet. There is also the chance that the AG may attempt to delay the ruling to limit a buying spree, but that just seems to be delaying the inevitable at this point.

It's an excellent day for the Second Amendment and for gun owners everywhere, even if this only affects the citizens in the 9th. We all rejoice as Americans.

About Joshua Gillem

Josh is a lifelong practitioner and student of the gun. He grew up shooting/hunting with his dad, and was given his first gun, a 12 gauge shotgun, when just a small boy. After high school, he joined the Marines where his love for firearms blossomed as he qualified with an M16A2, an M9, and a 240G. Josh has been writing about firearms and tactics for several years, owns the blog Gunners Den, is a staunch supporter of the Second Amendment, and believes that each individual person has the right to self-defense by any means necessary. Currently residing in gun-friendly NC, he carries a concealed gun on a daily basis, even in his own house.


  1. Matt B on August 16, 2020 at 3:32 pm

    Amen! Thank you for your articles!

  2. Bud W on August 19, 2020 at 10:29 am

    FINALLY! A Little Sumpin for us Left Coasters to rejoice! Maybe we can get back to buying things that should’ve never been banned in the first place!!!

  3. jay leslie on August 19, 2020 at 4:37 pm

    I had a retired LEO who told me that active comissioned officers are also effected by the reduced capacity law. I said” what are we supposed to do, walk around with 6 rounds?” His answer “No , just carry extra clips”.

    I can see a few problems with that, like getting to them in a hurry and the extra volume possibly increases your imprint which could cause a citizen to “drop a dime” causing you an uncalled for, interaction and questions, question and more questions.

    I have no way to research this so until someone can verify it then you can call the statement true.

  4. Joseph Jackson on August 19, 2020 at 6:27 pm

    Whatever happened to the rule of law . First off our gun rights shall not be infringed on and when the court rules that the California law is no good what happens nothing. We still are under a stay that’s bull these are our rights under the constitution.we need to get these people out of office and keep them out . Instead of going after criminals they go after law abiding citizens. Food for tho it . S.J.

Leave a Comment