Last month, an en banc ruling by the Ninth District Court of Appeals upheld California’s ban on so-called high capacity magazines…basically any magazine that will hold more than ten rounds of ammunition.
The ruling outlaws the possession of millions of magazines legally bought and owned by law-abiding gun owners in the state, including those shipped in during “freedom week.” That was the period after Judge Robert Benitez struck down the law in 2019 and before a stay of his decision kept it in place until the Ninth Circuit could rule.
After the Ninth’s ruling, the plaintiffs in the suit, including the California Rifle & Pistol Association, announced they would appeal the decision to the U.S. Supreme Court.
As the San Diego Union-Tribune reports, the Ninth Circuit has agreed to stay its ruling to give the plaintiffs time to do that . . .
The 9th Circuit agreed on Monday to the advocates’ request to stay the possession part of the law for 150 days to allow time for the writ of certiorari to be filed. If the petition is filed during that period, the stay will be extended until the high court makes a determination on whether it will consider the case.
The state Attorney General’s Office, which is defending the law in court, did not oppose the request.
So, if you’re a Golden Stater who owns some of the now-forbidden magazines, the state won’t be enforcing the ban on their possession (actually using them, even if loaded with ten or fewer rounds, could be problematic). And you don’t have to turn them in or destroy them. Yet.
By Dan Zimmerman via TTAG and republished with permission.
