167 – “California High Capacity Magazine” Ban | What the 9th Circuit Affirmation Really Means, with Adam Kraut

On Friday, August 14th, the Ninth Circuit Court of Appeals ruled in the case of Duncan v Becerra (q.v. below) that the California Magazine Ban (California Government Code § 31310) violates the constitution. This means that what is often referred to as the “California high capacity magazine” (which really means standard capacity magazine) prohibition should be gone. But it’s not.

Unfortunately, the judges’ ruling does not immediately make it legal to buy what are referred to as Large Capacity Magazines (LCM). The Court has not yet issued a mandate, the stay has not yet been lifted, and the State of California has options left to continue to make such purchases unlawful.

According to our legal counsel and numerous other sources, including Adam Kraut of the Firearms Policy Coalition, the stay currently — as of this writing — remains in place. However, as soon as that lifts – which could be as soon as this afternoon or as late as whenever (or never) – Californians should be able to start buying “large-capacity” mags again. But not yet.

Read more about the California magazine ban and whether Californians should start buying now – or wait.

California High Capacity Magazine Ban: Gone or not?

They’re actually Standard Capacity…and not at all unusual (q.v.)

The Mag Life Podcast Episode 167

Listen to The Mag Life Podcast host Daniel Shaw and Firearms Policy Coalition legal strategist Adam Kraut as they discuss the legalities and immediate ramifications of today’s ruling.

⚠️ Apologies in advance! In places, the sound quality is less than perfect because of our connection. Because of the urgent nature of this episode’s contents, we decided to push through and publish anyway. If you have any questions about what you hear (or don’t), hit us up in the comments!

Just Press Play


For those of you in a hurry, here’s the 3 minute answer to what you really want to know.


Host: Daniel Shaw

Guest: Adam Kraut

Production/Transcription: David Reeder


00:18 Introducing Adam Kraut
02:00 Overview of the ruling (Duncan v Becerra)
03:20 How does the language apply to other regions (and Circuit Courts)
05:30 “Scrutiny”: the Second Amendment – First Amendment corollary

“Something that a lot of people are not necessarily aware of is that law, in relation to the Second Amendment as far as how it’s analyzed, is borrowed very heavily from the First Amendment…”

12:00 The stay by the lower court is still in effect. What does that mean, and will the State of California take additional action?
14:00 What’s holding GunMag Warehouse back on selling to California – and what’s the right thing for our customers?
16:40 California options and potential avenues of counter-attack.

“[The buyers] have the greatest potential risk for the scope of prosecution. Unless the stay is lifted [someone buying large capacity magazines] is violating the law, and if you violate the law you’re looking at potential criminal penalties for it.”

19:40 The phrase “dangerous and unusual” and how that relates to the current situation: “large-capacity” magazines are not unusual. There are millions of them out there.
21:10 FPC and its role in the current case (including the Amicus Brief, aka “friend of the court” brief)
22:05 What will the FPC be doing going forward, and why should someone support them?

Gunmag Training's Chief Instructor Daniel Shaw is a retired US Marine Infantry Unit Leader with multiple combat tours and instructor titles.  Since retirement from the Marine Corps, Daniel teaches Armed Citizens and Law Enforcement Officers weapons, tactics and use of force. Daniel takes his life of training and combat experience and develops as well as presents curriculum to help Law Enforcement, US Military and Responsible Armed Citizens prepare for a deadly force encounter.  When he isn't directing marketing for Gunmag Warehouse, Daniel travels the US teaching and training under Gunmag Training, and discusses all things hoplological and self-defense related on The MagLife Podcast.

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