Legal Opinion

Duncan v. Becerra

District Court, S.D. California

Decided June 29, 2017No. Case No.: 3:17-cv-1017-BENPublishedCited by 17 opinions

1Opinion of the Court

ORDER GRANTING PRELIMINARY INJUNCTION

Hon. Roger T. Benitez, United States District Judge

I. INTRODUCTION

On July 1, 2017, any previously law-abiding person in California who still pos*1110sesses a firearm magazine capable of holding more than 10 rounds will begin their new life of crime. That is because California Penal Code § .32310 was amended last fall by the passage of a California ballot initiative, Proposition 63. With this change, § 32310(c) requires persons who lawfully possess these magazines today to dispossess them or face criminal penalties of up to one year in a county jail and a fine…

2Cases cited57 opinions

  1. Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
  2. Elrod v. BurnsSupreme Court of the United States · 1976
  3. Nken v. HolderSupreme Court of the United States · 2009
  4. Connally v. General Construction Co.Supreme Court of the United States · 1926
  5. Steffel v. ThompsonSupreme Court of the United States · 1974

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3Cited by17 opinions

  1. Ass'n of N.J. Rifle & Pistol Clubs, Inc. v. Attorney Gen. N.J.Court of Appeals for the Third Circuit · 2018
  2. Md. Shall Issue v. HoganDistrict Court, D. Maryland · 2018
  3. Virginia Duncan v. Rob BontaCourt of Appeals for the Ninth Circuit · 2021
  4. Maryland Shall Issue, Inc. v. Lawrence HoganCourt of Appeals for the Fourth Circuit · 2020
  5. Rogers v. GrewalSupreme Court of the United States · 2020

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