Brady Applauds Ninth Circuit Court Decision to Rehear Case Upholding California’s Large Capacity Magazine Restriction

The Court Vacated a Decision by a Three-Judge Panel in Duncan v. Becerra to Strike Down California’s Restriction on Large Capacity Magazines

Washington, D.C., February 25, 2021 - Brady applauds the Ninth Circuit Court of Appeals for vacating the decision of a three-judge panel that struck down California’s restriction on large capacity magazines. Brady has filed two amicus briefs to the 9th Circuit Court of Appeals – one in support of California’s law and a second in support of California’s petition for rehearing which was filed jointly with Team ENOUGH, March for Our Lives, Gifford’s Law Center and Everytown for Gun Safety. Today’s decision ensures that Californians again have their day in court to defend this common-sense public safety law. Brady is confident that the court will uphold this law, just as courts have upheld similar restrictions for decades.

Brady reiterates that this restriction is constitutional and does not infringe on the Second Amendment.

Brady Chief Counsel and Vice President for Legal Jonathan Lowy shared:

“The Constitution, properly understood, should not entitle people to weapons of war, or prevent states from prohibiting military-style firearms or the large capacity magazines they use. The Ninth Circuit was correct to review this incorrect decision, and hopefully begin to reinstate the authority of Californians to enact strong gun laws that protect them from gun violence.”

Brady Litigation and Constitutional Counsel Christa Nicols shared:

“This decision reverses last year’s damaging and ill-considered action by the court’s three-judge panel. Brady applauds the Ninth Circuit for providing Californians the opportunity to defend this common-sense public safety regulation in court. We are hopeful that the court will uphold this law.”

About California’s Large Capacity Magazine Ban:

Following high-profile mass shootings, California’s legislature enhanced the state’s longstanding restrictions on large capacity magazines. The 2016 law prohibits residents from possessing magazines with capacity to accept more than 10 rounds, subject to limited exceptions. Prior to this law going into effect, residents were required to remove such magazines from the state, to sell these magazines to a licensed firearm dealer, or to surrender these magazines to a law enforcement agency.


Brady has one powerful mission — to unite all Americans against gun violence. We work across Congress, the courts, and our communities with over 90 grassroots chapters, bringing together young and old, red and blue, and every shade of color to find common ground in common sense. In the spirit of our namesakes Jim and Sarah Brady, we have fought for over 45 years to take action, not sides, and we will not stop until this epidemic ends. It’s in our hands.

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