A Partial Loss In California Mag Ban Case

The opinion and ruling by US District Court Judge Roger Benitez in the California magazine ban case - Duncan et al v. Becerra - has garnered lots of attention this past week. His ruling was a permanent injunction on California's ban on the sale of standard capacity magazines. The result has been that the major online retailers such as Palmetto State Armory, AIM Surplus, Brownells, and Midway USA have been inundated with orders for magazines by California residents.

As you might imagine, the State of California and Attorney General Xavier Becerra are not happy campers. They requested an immediate stay on the ruling while they appeal to the 9th Circuit Court of Appeals. This afternoon, Judge Benitez granted a partial stay after weighing the arguments of both sides and trying to satisfy both sides.

From his order:

In layman’s terms, the State of California and the law enforcement agencies therein will be free to re-start the enforcement of Calif. Penal Code § 32310 (a) and (b) which currently prohibits, among other things, any person in the state from manufacturing, importing into the state, offering for sale, giving, lending, buying, or receiving a firearm magazine able to hold more than 10 rounds (as defined by Calif. Penal Code § 16740). This will continue until the appeal proceedings conclude or the stay is modified or lifted.

At the same time, the State of California and the law enforcement agencies therein will remain enjoined (or prevented) from enforcing Calif. Penal Code § 32310 (c) and (d) which would have criminalized the simple possession of a firearm magazine able to hold more than 10 rounds and required disposing of such magazines. This will also continue until the appeal proceedings conclude or the stay is modified or lifted.

Both parties indicate in briefing that persons and business entities in California may have manufactured, imported, sold, or bought magazines able to hold more than 10 rounds since the entry of this Court’s injunction on March 29, 2019 and in reliance on the injunction. Indeed, it is the reason that the Attorney General seeks urgent relief in the form of a stay pending appeal. Both parties suggest that it is appropriate to fashion protection for these law-abiding persons.

THEREFORE, IT IS HEREBY ORDERED that the Judgment is stayed in part pending final resolution of the appeal from the Judgment. The permanent injunction enjoining enforcement of California Penal Code § 32310 (a) and (b) is hereby stayed, effective 5:00 p.m., Friday, April 5, 2019.

IT IS HEREBY FURTHER ORDERED that the preliminary injunction issued on June 29, 2017, enjoining enforcement of California Penal Code § 32310 (c) and (d) shall remain in effect.

IT IS HEREBY FURTHER ORDERED that the permanent injunction enjoining enforcement of California Penal Code § 32310 (a) and (b) shall remain in effect for those persons and business entities who have manufactured, imported, sold, or bought magazines able to hold more than 10 rounds between the entry of this Court’s injunction on March 29, 2019 and 5:00 p.m., Friday, April 5, 2019.

Dated: April 4, 2019

Translated this means that standard capacity magazines can't be sold, made, imported, or given away after tomorrow, Friday, April 5, 2019 at 5:00pm PDT. However, if you bought a magazine, sold a magazine, or otherwise transferred one into California between March 29th and April 5th at 5:00pm, you are still covered by the permanent injunction against the ban. This means you have until 5:00pm tomorrow to receive it. Or take a quick trip out of state - Nevada, Arizona, etc - and be back by 5:00pm with your new standard capacity magazines.

Moreover, further translating, the preliminary injunction prevents prosecution of those who possessed a standard capacity magazine prior to July 1, 2017. They will not be forced to dispose of their magazines to comply with subsection (d).

You can read the relevant penal code here.