Skip to main content

CA High Capacity Magazine Ban Ruled Unconstitutional

Any Capacity Magazines Are Now Legal in California!

CA High Capacity Magazine Ban Ruled Unconstitutional

Last Friday, March 29th at around 6:00 PM EST, in a shocking move that comes as a huge win for the gun-owning residents of California, California’s long-standing ban on “high capacity magazines”, was declared, “...unconstitutional in its entirety and shall be enjoined.” by the US District Court, Southern District of California.

In case number 3:17cv1017-BEN (JLB) centered around CA’s magazine ban AKA California Penal Code § 32310, and included an excellently-written, compelling introduction highlighting the need of citizens for these magazines.

As two masked and armed men broke in, Susan Gonzalez was shot in the chest. She made it back to her bedroom and found her husband’s .22 caliber pistol. Wasting the first rounds on warning shots, she then emptied the single pistol at one attacker. 

Unfortunately, now out of ammunition, she was shot again by the other armed attacker. She was not able to re-load or use a second gun. Both she and her husband were shot twice. Forty-two bullets in all were fired. The gunman fled from the house—but returned. He put his gun to Susan Gonzalez’s head and demanded the keys to the couple’s truck.



When three armed intruders carrying what look like semi-automatic pistols broke into the home of a single woman at 3:44 a.m., she dialed 911. No answer. Feng Zhu Chen, dressed in pajamas, held a phone in one hand and took up her pistol in the other and began shooting. She fired numerous shots. She had no place to carry an extra magazine and no way to reload because her left hand held the phone with which she was still trying to call 911. After the shooting was over and two of the armed suspects got away and one lay dead, she did get through to the police. The home security camera video is dramatic.



A mother, Melinda Herman, and her nine-year-old twins were at home when an intruder broke in. She and her twins retreated to an upstairs crawl space and hid. Fortunately, she had a .38 caliber revolver. She would need it. The intruder worked his way upstairs, broke through a locked bedroom door and a locked bathroom door, and opened the crawl space door. The family was cornered with no place to run. He stood staring at her and her two children. The mother shot six times, hitting the intruder five times, when she ran out of ammunition. Though injured, the intruder was not incapacitated. Fortunately, he decided to flee.

It’s difficult for even the most zealous anti-gunner to argue against the aforementioned examples and the impact higher capacity firearms would have had in those situations

The examples continue in the piece, and highlight both the need for these magazines and the hypocrisy of prosecuting people for possession of them, often with stauncher sentences than for actual violent crimes.

One particularly striking quote from the docket was in regards to the precedent of banning, “high capacity magazines.”


“An unconstitutional statute adopted by a dozen jurisdictions is no less unconstitutional by virtue of its popularity.” - Silveira, 312 at 1091

The full docket is some 86 pages long and filled with tons of excellent information on the case itself, as well as the methods utilized by the lawyer who submitted the request. This is a momentous occasion, and one that could very well start a tidal wave of changes to gun laws nationwide. If it can happen in California, then any state could conceivably change its laws.

Interestingly, after this new went live, multiple citizens of California attempted to purchase standard capacity magazines from their local retailers, and all were denied. According to multiple first-hand accounts at both CalGuns and AR15.com, several dealers told customers they were waiting on the DOJ’s response.


In the meantime, some larger companies like Palmetto State Armory have begun to sell and ship standard capacity magazines to CA residents. CA shooters who’ve always wanted to get their hands on full capacity Magpul PMAGs may want to purchase now, as stocks at multiple retailers are likely to be rapidly consumed.

More information, including the full court docket is available over at Michellawyers.com. Check out the direct link to the PDF of the case here.

GET THE NEWSLETTER Join the List and Never Miss a Thing.

Recommended Articles

See More Recommendations

Popular Videos

See More Popular Videos

Trending Articles

Developed to replace the venerable AK-74, the Blow-Back Shifted Pulse AN-94 Nikonov is a fascinating hyper-burst design which faded away after the death of its designer.Russian 5.45x39mm AN-94 Nikonov Review Rifles

Russian 5.45x39mm AN-94 Nikonov Review

David M. Fortier - August 14, 2020

Developed to replace the venerable AK-74, the Blow-Back Shifted Pulse AN-94 Nikonov is a...

Governor Mike DeWine's STRONG Ohio anti-gun bill is facing strong, unified opposition.Opposition to 'STRONG Ohio' Remains Strong 2nd Amendment

Opposition to 'STRONG Ohio' Remains Strong

Buckeye Firearms Association - August 24, 2020

Governor Mike DeWine's STRONG Ohio anti-gun bill is facing strong, unified opposition.

The Leupold VX-Freedom AR scope line hits the sweet spot on frills, performance and cost to you.Leupold VX-Freedom AR Scopes Optics

Leupold VX-Freedom AR Scopes

Jim Angell - August 18, 2020

The Leupold VX-Freedom AR scope line hits the sweet spot on frills, performance and cost to...

More and more people are choosing to carry a handgun for personal protection, here is why you may want to consider SIG Sauer's P365.Is SIG Sauer's P365 9mm the Perfect Carry Gun? Handguns

Is SIG Sauer's P365 9mm the Perfect Carry Gun?

David M. Fortier - August 16, 2020

More and more people are choosing to carry a handgun for personal protection, here is why you...

See More Trending Articles

More 2nd Amendment

With many having to evacuate and possibly never see their homes and belongings again, some Oregon homeowners are protecting their property from looters.Armed Oregon Homeowners Protecting Their Property 2nd Amendment

Armed Oregon Homeowners Protecting Their Property

Clay Bell - September 18, 2020

With many having to evacuate and possibly never see their homes and belongings again, some...

The Second Amendment Foundation has joined in a lawsuit challenging California's use of bureaucracy and the COVID-19 pandemic to undermine and restrict citizens' access to firearms in violation of the state's 10-day waiting period law.SAF Joins Lawsuit Challenging California Delays in Processing Gun Transactions 2nd Amendment

SAF Joins Lawsuit Challenging California Delays in Processing Gun Transactions

Second Amendment Foundation - August 28, 2020

The Second Amendment Foundation has joined in a lawsuit challenging California's use of...

At this writing, President Trump is preparing to announce a Supreme Court nomination to replace Ruth Bader Ginsburg.Any Trump SCOTUS Pick Should Not Have Argued Against Second Amendment 2nd Amendment

Any Trump SCOTUS Pick Should Not Have Argued Against Second Amendment

David Codrea - September 24, 2020

At this writing, President Trump is preparing to announce a Supreme Court nomination to...

His talk about AR-15 confiscation is overruled by new “character, suitability and ‘any other' ” requirements for gun ownership; Second Amendment would be optional.Biden Plans 'Psych' Test for Gun Ownership 2nd Amendment

Biden Plans 'Psych' Test for Gun Ownership

JPFO - September 12, 2020

His talk about AR-15 confiscation is overruled by new “character, suitability and ‘any other'...

See More 2nd Amendment

Magazine Cover

GET THE MAGAZINE Subscribe & Save

Digital Now Included!

SUBSCRIBE NOW

Give a Gift   |   Subscriber Services

PREVIEW OUR CURRENT ISSUE Arrow

Other Magazines

Special Interest Magazines

See All Special Interest Magazines

GET THE NEWSLETTER Join the List and Never Miss a Thing.

Phone Icon

Get Digital Access.

All Firearms News subscribers now have digital access to their magazine content. This means you have the option to read your magazine on most popular phones and tablets.

To get started, click the link below to visit mymagnow.com and learn how to access your digital magazine.

Get Digital Access

Not a Subscriber?
Subscribe Now