Stay Issued: Californians Can Keep Prohibited Magazines for 150 Days, and then What?

 Schmeisser 60-round AK mags. (Photo: Schmeisser)

Californians will be able to keep their standard capacity magazines that can hold more than ten rounds for a little bit longer, as a stay was granted this week in the case of Duncan v. Bonta.

Earlier this month, the U.S. Court of Appeals for the Ninth Circuit upheld the state’s ban on 10-plus round mags.  

Following the decision, questions were immediately raised about what would happen to those citizens currently in possession of the prohibited accessories. 

“With this stay, the Ninth Circuit has decided to allow Californians to continue possession of any magazines that were acquired during ‘Freedom Week,’ or prior to the ban taking effect—for the time being,” reported the NRA-ILA, which is supporting the challenge to the mag ban.  

“The court agreed to stay the mandate from its decision for 150 days, to May 19, 2022,” NRA-ILA continued.  “The court’s order further stays the mandate until the U.S. Supreme Court disposes of a petition for certiorari, should one be filed.”

Plaintiffs in the case, including the California Rifle & Pistol Association (CRPA), indicated that they would appeal the decision to the U.S. Supreme Court.  

Alan Gottlieb, the founder of the Second Amendment Foundation, believes the high court will ultimately strike down the mag ban.

“It is just a matter of time until the United States Supreme Court overturns this 9th Circus decision,” he told GunsAmerica via email. “It could even happen before this ruling is directly appealed when they rule on the current New York case which is before them. That ruling could establish the correct standard of review for Second Amendment rights.”

However, if the Supreme Court fails to act on this then Californians will have to prepare to forfeit their lawfully acquired property or else risk running afoul of state law.

Stay tuned for updates.  

About the author:
S.H. Blannelberry is the News Editor of GunsAmerica.

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Author: Joey Webster

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