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Ninth Circuit en banc upholds California large-capacity magazine ban

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The full Ninth Circuit ruled 7-4 that California's large-capacity magazine ban comports with the Second Amendment; a cert petition is pending.

Written by the CalGunHub desk from public reporting

Who this affects: California's large-capacity magazine restrictions, enacted through Proposition 63 and SB 1446 in 2016, remain enforceable under this en banc ruling, which applies statewide per its text. A pending Supreme Court petition could change that posture, but no grant or denial has occurred. Related challenges include Miller v. Bonta, Rupp v. Bonta, Boland v. Bonta, and Wiese v. Bonta. This is general information, not legal advice.

On March 20, 2025, the en banc U.S. Court of Appeals for the Ninth Circuit decided Duncan v. Bonta, No. 23-55805, 133 F.4th 852 (2025), a challenge to California's ban on possession of large-capacity magazines. In a 7-4 decision, the court held that the ban comports with the Second Amendment, reversed the U.S. District Court for the Southern District of California (No. 3:17-cv-01017-BEN-JLB), and remanded with instructions to enter judgment for the Attorney General, according to the opinion. Courthouse News Service reported the ruling the same day. The plaintiffs petitioned the U.S. Supreme Court for a writ of certiorari on August 15, 2025 (No. 25-198). According to the SCOTUSblog docket, the petition was repeatedly distributed for conference from November 2025 through June 29, 2026, and the most recent activity is a supplemental brief filed August 3, 2026. As of October 12, 2026, the petition remains pending with no grant or denial recorded, and the en banc judgment for the state stands.

Sources

  1. U.S. Court of Appeals for the Ninth Circuit: Duncan v. Bonta, No. 23-55805 (en banc opinion)
  2. Courthouse News Service: Ninth Circuit upholds California's large-capacity magazine ban
  3. SCOTUSblog: Duncan v. Bonta (docket)

Informational only, not legal advice. Facts are attributed to the sources listed above.