The Ninth Circuit Affirms Summary Judgment Order Finding California’s So-Called “Large Capacity Magazine” Ban Unconstitutional

​It has been nearly one year since shareholders Craig A. Livingston and Crystal L. Van Der Putten filed an amicus curiae brief with the United States Court of Appeals for the Ninth Circuit in Duncan v. Becerra on behalf of Livingston Law Firm client, The National Shooting Sports Foundation, Inc. The brief sought to affirm the summary judgment ruling of the United States District Court for the Southern District of California in favor of Plaintiffs-Appellees (individuals and organizations) finding California Penal Code section 32310 (banning magazines capable of holding more than 10 rounds) unconstitutional under the Second Amendment and enjoining enforcement of the statute. The NSSF brief provided statistics regarding the wide availability nationally of 10+ round magazines and argued Section 32310 violated the Second Amendment right to keep and bear arms (including magazines holding 10+ rounds) and could not survive any form of heightened scrutiny.
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On August 14, 2020, in a 66-page ruling siding with arguments in the NSSF brief and other amici curiae, the Ninth Circuit concluded Section 32310 violated the Second Amendment and affirmed the District Court’s judgment in favor of Plaintiffs-Appellees.