Washington, D.C., November 30, 2021 - Today, Brady applauds the Ninth Circuit Court of Appeals for reversing en banc the decision of the district court and three-judge panel on the Court of Appeals and upholding California’s ban on large capacity magazines in the case Duncan v. Bonta. Brady filed three amicus briefs to the 9th Circuit Court of Appeals – two in support of upholding California’s law on the merits and a third in support of California’s petition for rehearing which was filed jointly with Team ENOUGH, March for Our Lives, Giffords Law Center and Everytown for Gun Safety. Today’s decision once again reaffirms that the government has the right and power to properly regulate large capacity magazines, which social science demonstrates increase the volume and severity of injuries in mass shootings, to promote and protect public safety.
Brady President Kris Brown shared:
“Today the Ninth Circuit has rightly upheld the right of the state to regulate large capacity magazines. This ban was passed by the properly and popularly elected state government and appropriately instituted. There is no question under the law that we have a right to live free from the fear of being shot and a right to enact common-sense public safety laws to protect ourselves from gun violence. Brady thanks California Attorney General Robert Bonta and California Governor Gavin Newsom for swiftly and forcefully defending this important law. Their actions and the Ninth Circuit’s prudent decision will keep Californians tangibly safer.”
Brady Chief Counsel and Vice President for Legal Jonathan Lowy shared:
“The Ninth Circuit has reaffirmed what courts have upheld for decades: that the Constitution, properly understood, does not prevent Americans from enacting the gun laws they want and need to protect their families and communities, and it does not entitle people to weapons of war or prevent states from prohibiting military-style firearms or the large capacity magazines they use. This decision will help protect Californians from these dangerous weapons and sends a clear signal that the long-held truth that states have the right and ability to enact strong gun laws that protect their citizens from gun violence.”
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.