News - California Gun Rights Foundation

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.

CGF, FPC and FPCAF File Brief in Support of Challenge to Hawaii Public Handgun Carry Bans

SAN FRANCISCO, CA (November 13, 2023) – Today, California Gun Rights Foundation (CGF), Firearms Policy Coalition (FPC), and FPC Action Foundation (FPCAF) announced the filing of a brief with the Ninth Circuit Court of Appeals (and motion requesting permission to file) in support of the plaintiffs in Wolford v. Lopez, which challenges multiple public carry bans enacted by Hawaii in response to the Supreme Court’s Bruen decision. The brief can be viewed at FPCLaw.org.

CGF WIN: Federal Judge Again Strikes Down California “Assault Weapon” Ban

SAN DIEGO, CA (October 19, 2023) – Today, The California Gun Rights Foundation (CGF) announced that Judge Roger T. Benitez of the Southern District of California has issued an opinion in Miller v. Bonta, once again holding that California’s ban on so-called “assault weapons” is unconstitutional under the Second Amendment. The opinion, which can be viewed at AssaultWeaponLawsuit.com, comes after the Ninth Circuit Court of Appeals remanded the lawsuit back to the district court in light of the Supreme Court’s NYSRPA v. Bruen decision.

NEW CA LAWSUIT DROP!

The California Gun Rights Foundation and our partners are taking the fight to Newsom over his latest attack on carry!

In case you missed the news, we've filed Carralero v. Bonta - which challenges the "sensitive place" carry ban in the recently-passed SB2.

CGF Steps into Court this Afternoon

The California Gun Rights Foundation is about to head into court and present oral arguments in Barba v. Bonta!

At 1:30 PM today, our attorneys will be up against the tyrants in AG Bonta's office as we seek to STOP AB 173.