In another blow to California Lt. Gov. Gavin Newsom’s anti-gun agenda, a three-judge panel of the 9th Circuit Court of Appeals issued a ruling in the case of Duncan v. Becerra on July 17, upholding a lower court’s decision to suspend enforcement of Proposition 63’s restriction on the possession of magazines capable of holding more than 10 rounds.
Following the enactment of Proposition 63, California Rifle and Pistol Association (CRPA) attorneys sought an injunction against the magazine possession ban, arguing that the law violated the Second Amendment, as well as the due process and takings clauses of the US Constitution. Federal District Court Judge Roger T. Benitez agreed, issuing a preliminary injunction just days before the law was set to take effect. California quickly appealed the decision.
On appeal, the Circuit Court held that Judge Benitez did not abuse his discretion, holding that he applied the correct legal standards and made reasonable inferences based on the record. But one judge on the panel disagreed. Responding to the dissent, the majority noted that it was not within the panel’s authority to re-weigh the evidence of the case, nor could it substitute its discretion for that of the district court.
Meanwhile, in the trial court, a motion for summary judgment is pending and a ruling on the merits of the case is expected soon.
