Court Cases

 California Magazine Ban Case (Duncan v.s. Becerra)

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CCRF contributes to Big 2nd Amendment win as Federal Court Tosses California’s Ban on High Capacity Magazines.

 

The California Constitutional Rights Foundation with other organizations had filed an Amicus Brief in the appeal of the case Duncan v.s. Beccera.  Virginia Duncan, et al, had originally sued Xavier Beccerra, California’s Attorney General on the basis that California’s High Capacity magazine ban was a violation of 2nd Amendment Rights.   On March 29, 2019 US District Court Judge Roger T. Benitez originally ruled in favor of Virginia Duncan that The large Capacity magazine ban was unconstitutional and a violation of 2nd Amendment Rights. Shortly after, Beccera appealed for the State of California.  Last Friday, August 14, 2020, A 3 Judge Panel, in what may become a landmark ruling, affirmed Judge Benitez original ruling that The large Capacity Magazine Ban was unconstitutional.

California Magazine Ban Case Moves On to En Banc Review
 
(Update on Duncan v. Becerra)

 

As seen below, Last August 14, 2020, a Ninth District Court 3 Judge Panel Ruled that Judge Roger Benitez’s original Ruling that California’s Large Capacity Magazine Ban was unconstitutional. After this ruling, CA attorney General Xavier Becerra decided to appeal and ask for what’s known as an “En Banc Review” of the case, where 13 judges of the Ninth District Court are randomly chosen to sit together “En Banc” to hear the appeal. Oral Arguments in this appeal will be heard on June 22, 2021 at 9:30 AM. The California Constitutional Rights Foundation have again, along with other organizations, filed an Amicus Brief to be considered during these Oral Arguments before the En Banc Panel of the Ninth District Court.


The result of this case will be deeply transforming, as other 2nd Amendment lawsuits currently before the courts are and will be dependent on this decision.  This include Rupp v. Becerra (California’s “Assault Weapons” Ban) and Rode v. Becerra (California’s Ammunition Background Check law).

“Watch to  hear a good summation of the case.”