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.”

SEE ALSO: Holiday Travel Means Securing Firearms in the Home

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.  

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

{ 19 comments… add one }
  • Ron L Matthews December 27, 2021, 12:56 pm

    I use single action and lever action only. Does not matter how many rounds the firearm holds. Only matters how accurately I can shoot them. One shot one target hit as desired. Nothing to see here useless Govt drones. I always follow the Laws.

    • Hondo December 31, 2021, 8:21 am

      Stupid is as stupid does, Ron sit down and STFU you uneducated twit.

    • Ej harbet January 3, 2022, 1:38 pm

      They’ll get around to you Ron don’t you fret

  • Godfrey Daniel December 27, 2021, 12:49 pm

    Back in the early seventies, I thought about moving to Kalifornia. Luckily I came to my senses.

  • Griff Pritchard December 27, 2021, 10:18 am

    You stand for what you believe ( the Constitution ), or you will fall for anything.

  • Godfrey Washington December 25, 2021, 7:17 pm

    150 days is plenty for California’s govt to correct a ban that shouldn’t have happened in the first place. On day 151 all those mags will simply go into the same rifles that have bumpstocks.

    And guess what?

    As long as the govt leaves these CITIZENS alone, there won’t be the slightest uptick in violence. But the instant they get labeled criminals for putting their own safety above the govts their will be a very hot time in the old town that night!

  • Jan O Hellsund December 25, 2021, 6:12 pm

    And then they get lost in a tragic boating accident.

  • Punisher6 December 25, 2021, 11:26 am

    Then what happens?
    1. “What standard capacity magazines?”
    2. Come and take them.

  • Rich K. December 24, 2021, 6:34 pm

    This is why anybody with even two brain cells to rub together for warmth will not register their guns or accessories. Criminals won’t, so why should anyone else? All schemes like this do is create a ready pool of defenseless victims. Is it any wonder that crime rates are higher in areas controlled by commiecrats?

  • Shanz December 24, 2021, 3:49 pm

    With the thousands and thousands of standard capacity magazines sold during freedom week you would think there would be lots of “ mass shootings.” I guess it is safe for citizens to possess these in California and every other state. But I really really hope Commies try to take them.

  • Beachhawk December 24, 2021, 3:38 pm

    Since the California legislature and their very “woke” governor want to ban semi-automatic rifles and modern handguns, Californians will no longer need any kind of magazine by the time this stay expires.

  • bobs your uncle December 24, 2021, 2:32 pm

    WOW, Criminal gangs and cartels are happy they don’t have to give up their firepower advantage

  • survivor50 December 24, 2021, 2:15 pm

    ” Californians Can Keep Prohibited Magazines for 150 Days, and then What??? ”

    You poor folks in KALIPORNIA are so SCROOGED !!! I don’t know WHAT you’re going to have to do to STRAIGHTEN this mess out !!!

    ( Actually I do… but bettered not print it …)

  • BigC December 24, 2021, 1:20 pm

    Looks like we’re going to have to drop “land of the free” from the Star Spangled Banner!!! You Kalifornicators had the chance to get rid of that POS and didn’t….now suck on your stupidity!!

  • Boz December 24, 2021, 11:54 am

    l don’t need your permission. l will keep everything l have FOREVER! Don’t like it? Come and TRY to take it. Please be courteous and bring your own body bag.

    • Aquaman December 24, 2021, 1:50 pm

      Be careful with your wishes!
      Not good to show that attitude, just saying
      Happy holidays!

    • Aquaman December 24, 2021, 2:55 pm

      Your comments show the smart approach that we need these days
      I wish your wishes came trough!
      I would love to see how well you did on the news!
      Happy holidays

    • johnL December 24, 2021, 2:56 pm

      So when a SWAT team comes to your door your going to bleed on them. Or better yet your going to bleed to death in front of your children?

      • Ric December 27, 2021, 11:08 am

        What is your solution? Grovel like a beaten dog, and lick their jackboots? I personally expect any kid in this house old enough to hold a rifle, are doing so. Better yet, if the government decides going door to door is a good idea, everyone go to where ever they are based, and knock on THEIR door.

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