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Virginia Duncan v. Rob Bonta

Court of Appeals for the Ninth Circuit · No. 23-55805 · 133 F.4th 852

Decided

👎Unfavorable to gun rights

En banc court upheld California's large-capacity magazine ban and reversed the judgment that had invalidated it.

GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.

What the court held

California prohibits possession of magazines holding more than ten rounds, and a district court had found the ban unconstitutional. The en banc Ninth Circuit reversed and ordered judgment for the state on two independent grounds: that large-capacity magazines are neither arms nor protected accessories under the text of the Second Amendment, and that, even if they were, the ban fits the nation's tradition of protecting innocent people by restricting especially dangerous uses of weapons and regulating components necessary to firing. The court also reaffirmed its earlier rejection of the plaintiffs' Fifth Amendment takings claim. Judges Bumatay, R. Nelson, and VanDyke dissented.

Summarized from the court's opinion.

What this case is about

California ban on large-capacity ammunition feeding devices

GunMapUSA summary of the issue, not a quotation from the court.

Key Dates

Read the full opinion The complete text of the court's decision, reproduced in full.

Sources

Summary of public court records. Not legal advice.