Duncan, et al. v. Bonta (formerly, Becerra).

ILA Litigation Counsel informs as follows:

This case was filed in May 2017 in the Southern District of the United States District Court, challenging both a state bill and Proposition 63 which placed a ban on the possession of magazines that have a capacity of more than ten (10) rounds. The lawsuit challenges California’s regulatory scheme against standard capacity magazines on the grounds that it violates the Second Amendment, Due Process Clause, and Takings Clause of the United States Constitution.

Plaintiffs include individuals and the California Rifle and Pistol Association.

The court granted the plaintiffs’ motion for a preliminary injunction on June 29, 2017, issuing an order staying enforcement of the possession ban while the case is being litigated. California appealed the preliminary injunction order to the United States Court of Appeals for the Ninth Circuit, but the District Court rejected California’s request to stay the case pending appeal. Briefing of the appeal was completed and oral argument was heard on May 14, 2018. On July 17, 2018, the United States Court of Appeals for the Ninth Circuit affirmed the temporary injunction order.

In the District Court, the plaintiffs filed a motion for summary judgment, which was argued on May 10, 2018. On March 29, 2019, the District Court issued a ruling in favor of the plaintiffs on the Second Amendment and Takings Clause and permanently enjoined the California magazine ban.

California appealed to the United States Court of Appeals for the Ninth Circuit. The case was fully briefed and oral arguments were held on April 2, 2020. On August 14, 2020, a panel of the United States Court of Appeals for the Ninth Circuit, applying the strict scrutiny standard to the ten round magazine ban, affirmed the District Court’s grant of summary judgment in favor of the plaintiffs. California sought en banc review. The applicants filed their opposition on September 18, 2020. The Court granted the en banc review on February 25, 2021. The case was argued before the en banc panel on June 22, 2021. The en banc court reversed the case on November 30, 2021.

On February 28, 2022, the plaintiffs filed a petition for certiorari with the United States Supreme Court. On June 30, 2022, the Court granted, vacated, and remanded the case back to the United States Court of Appeals for the Ninth Circuit. Supplemental briefing concluded on August 22, 2022. The United States Court of Appeals for the Ninth Circuit remanded the case back to the district court for further considerations.

The District Court ordered supplemental briefing. Supplemental briefing on the historical analogues was completed on February 21, 2023. On September 22, 2023, the District Court found the magazine ban to be unconstitutional.

The state appealed to the United States Court of Appeals for the Ninth Circuit. The Ninth Circuit issued a stay pending appeal. The appeal was reassigned to the en banc panel that previously upheld the ban.

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