CGF Supports Ninth Circuit Order to Stay Mandate in Duncan v. Bonta

Court preserves pathway to SCOTUS review in California magazine ban case

San Diego, CA (April 14, 2025) – The California Gun Rights Foundation (CGF) today expressed its support for the Ninth Circuit Court of Appeals’ decision to stay issuance of the mandate in Duncan v. Bonta for 90 days, allowing the plaintiffs time to seek review by the United States Supreme Court.

The order, issued by the full en banc court, grants the appellees’ unopposed motion for a stay. If a petition for certiorari is filed with the Supreme Court within the 90-day period, the stay will remain in effect until the high court issues a final decision.

“This stay protects the integrity of the litigation and preserves the plaintiffs’ ability to seek justice at the nation’s highest court,” said CGF Executive Director Michael Schwartz. “Millions of Californians’ rights are on the line in this case, and we support every step that ensures those rights receive full consideration under the Constitution.”

Duncan v. Bonta challenges California’s ban on standard-capacity magazines that hold more than 10 rounds. After years of litigation and multiple rulings in favor of the plaintiffs, the case remains one of the most closely watched Second Amendment battles in the nation.

The motion to stay the 9th Circuit's decision that laws restricting magazine size are compliant with the Second Amendment, halts the enforcement of California law banning magazines that hold more than 10 rounds. The protection is specific to "Freedom Week" magazines. Freedom Week happened between March 29th to April 5th 2019 when Californians could briefly buy, sell, import, take possession of, and own normal capacity magazines that hold more than 10 rounds. The order to stay or pause enforcement of the magazine possession law affects Californians who acquired magazines during Freedom Week that hold more than 10 rounds and legally possessed normal capacity magazines acquired before the 2000 California ban.

CGF will continue to support efforts that advance constitutional rights in both federal and state courts, and encourage the Supreme Court to take up the case.

“Rights delayed are rights denied, but with this order, the Court has ensured they are not erased without full review,” Schwartz added.

For ongoing updates about Duncan v. Bonta and other CGF-backed litigation, visit www.cagunrights.org.

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