In 1999, through the passage of Senate Bill 23, California enacted legislation that generally banned the acquisition of so called “large capacity” magazines (LCMs). While the acquisition of new LCMs, magazines capable of holding more than ten rounds, was prohibited, the continued possession of those an individual already had was not. However, beginning July 1, 2017, California’s law changed, which criminalized the mere possession of LCMs. As a result, peaceable Californians statewide, upon threat of criminal prosecution, were forcibly dispossessed of their previously lawfully-owned, and constitutionally protected, property.
On April 28, 2017, the Second Amendment Foundation filed suit, along with seven individuals and three advocacy groups, challenging California’s ban. The suit requests declaratory and injunctive relief, asking the court to declare the California Magazine Ban to be unconstitutional under the Second Amendment of the United States Constitution and to enjoin Defendants from its enforcement.
Case Team: George Lee, Raymond DiGuiseppe
Recent Docket Activity
October 30th, 2025
NOTICE Pursuant to Ninth Cir. Rule 10-3 by Calguns Foundation, Lance Cowley, L.Q. Dang, Frank Federeau, Firearms Policy Coalition, Clifford Flores, Sherman Macaston, Jeremiah Morris, Todd Nielsen, Alan Normandy, Second Amendment Foundation, William Wiese.
October 22nd, 2025
USCA CASE NUMBER 25-6680 for 151 Notice of Appeal, filed by Firearms Policy Coalition, Todd Nielsen, L.Q. Dang, Clifford Flores, William Wiese, Jeremiah Morris, Alan Normandy, Calguns Foundation, Sherman Macaston, Second Amendment Foundation, Frank Federeau, Lance Cowley.
October 20th, 2025
APPEAL PROCESSED to Ninth Circuit re 151 Notice of Appeal, filed by all Plaintiffs. Notice of Appeal filed *10/17/2025*, Complaint filed *4/28/2017* and Appealed Order / Judgment filed *9/25/2025*. ** *Fee Status: Paid on 10/17/2025 in the amount of $605.00*
October 17th, 2025
NOTICE of APPEAL by all Plaintiffs as to 148 Order and 149 Judgment. Modified on 10/20/2025 .
September 25th, 2025
ORDER signed by Senior District Judge William B. Shubb on 09/25/25 LIFTING STAY and GRANTING 123 135 Motion for Summary Judgment in favor of defendants. CASE CLOSED.
