3 Initially, that decision was also affirmed on appeal.
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA VIRGINIA DUNCAN, et al., Plaintiffs, v. ROB BONTA, in his capacity as Attorney General of the State of California, Defendant. Case No.: 17-cv-1017-BEN (JLB)
We begin at the end. California’s ban and mandatory dispossession of firearm magazines holding more than 10 rounds (California Penal Code § 32310(c) and (d)), as amended by Proposition 63, was preliminarily enjoined in 2017.
That decision was affirmed on appeal.
2 In 2019, summary judgment was granted in favor of Plaintiffs and § 32310 in its entirety was judged to be unconstitutional.
However, the decision was re-heard and reversed by the court of appeals.
In 2022, the United States Supreme Court granted certiorari, vacated the appellate
decision, and remanded the case.
The court of appeals, in turn, remanded the case to this Court “for further proceedings consistent with
New York State Rifle & Pistol Ass’n, Inc. v. Bruen
, 142 S. Ct. 2111 (2022).”
All relevant findings of fact and conclusions of law set forth in the prior decision concluding § 32310 is unconstitutional are incorporated herein.