In what many are calling a major – though temporary – victory, California gun owners are once again allowed to legally possess, carry, and use standard capacity magazines that hold more than 10 rounds, thanks to a last-minute legal maneuver. According to Michael Schwartz of Gun Owners Radio, this unexpected development stems from attorney Paul Clement’s recent action appealing to the Supreme Court, which resulted in a critical 90-day stay. For now, the ban cannot be enforced – but that protection has an expiration date.
Understanding the Duncan Case’s Journey
This legal rollercoaster began with Duncan v. Bonta, a lawsuit challenging the magazine capacity limits set forth by California’s Proposition 63. The state law banned not just the sale and importation of magazines over 10 rounds but eventually extended to possession as well. In 2019, U.S. District Judge Roger Benitez struck down the ban as unconstitutional, opening the door to what gun owners call “Freedom Week,” during which over a million standard capacity magazines flooded into the state legally.
Freedom Week Magazines Still Protected
As Schwartz explains in the April 2025 update, Judge Benitez’s original injunction protected those who purchased or possessed magazines during that short window in 2019. Even after the Ninth Circuit Court of Appeals reversed Benitez’s ruling and upheld the magazine ban, that injunction remained active – until recently. The Ninth Circuit gave a three-week deadline for the order to go back to Benitez, which would have dissolved the protection. But Clement stepped in just in time.
The Supreme Court Petition That Stopped the Clock
Attorney Paul Clement, known for his work on major Second Amendment cases, filed a petition to the U.S. Supreme Court, requesting that the injunction remain in place during the appeal. As Schwartz notes, what’s remarkable is that the State of California did not oppose the motion. This allowed the Ninth Circuit to grant a 90-day stay on enforcement. Now, if the Supreme Court acknowledges that a petition for certiorari has been filed, that stay will remain until the case is resolved.
CRPA’s Breakdown of the 90-Day Mandate
Kevin Small, host of CRPA TV representing the California Rifle & Pistol Association, released a detailed explanation of the new mandate from the Ninth Circuit. Filed on April 10, 2025, the ruling grants a 90-day partial stay. If the Supreme Court accepts the petition during that time – or even acknowledges its receipt – the stay extends further. This means law enforcement cannot criminally charge anyone for possessing standard capacity magazines acquired during or before Freedom Week while the case is pending.
What You Can Do with Your Magazines (And What You Can’t)
Both Schwartz and Small were clear about the legal boundaries. If you legally owned your magazines during Freedom Week or prior, you can possess, carry, and use them at the range or for self-defense. However, you cannot buy, sell, import, or take ownership of new ones. Schwartz emphasized that gifting a magazine or bringing one into California from another state still falls under the prohibited conduct and could expose someone to legal risk.
The Gray Area Around “Importing”
One of the murkier topics, as discussed by Schwartz, is what qualifies as “importing.” Some attorneys argue that simply bringing a magazine across state lines is considered illegal importing. Others say it only counts if there’s intent to sell or conduct a commercial transaction. Schwartz urges caution, warning viewers not to be the “test case” that finds out the hard way. Given the political climate in California, enforcement could vary widely between jurisdictions, but any violation risks felony charges.
Why This Isn’t Over Yet
CRPA’s Kevin Small reminded viewers that this partial victory is just that – partial. The Supreme Court could take months, or even years, to decide whether to hear the case and eventually issue a ruling. In the meantime, the 90-day window hinges on proper filing procedures. If something goes wrong with the petition or if the Supreme Court refuses to take the case, the magazine ban could be reinstated with full force.
A Legal Battle Years in the Making
Proposition 63 was approved by voters in 2016 and has faced constant legal resistance since. Small recapped that before Prop 63, Californians who owned large-capacity magazines before 2000 were allowed to keep them. Prop 63 criminalized their possession and required them to be surrendered, sold to a dealer, or removed from the state. Judge Benitez’s injunction blocked that law from going into effect, and Duncan v. Bonta has kept that protection alive ever since – until the Ninth Circuit’s recent reversal.
Why This Update Matters Now More Than Ever
The significance of this development can’t be overstated. Schwartz expressed mixed feelings, saying, “I hate that we have to be so thankful for scraps,” but acknowledged it’s a positive sign that multiple branches of gun rights activism – litigation, education, and grassroots pressure – are working together. The real fear, though, is that any misstep in paperwork or legal timing could allow the state to begin enforcement again almost immediately.
A Win That Feels Too Fragile
This moment should feel like a victory, but it comes with so many caveats that it’s hard to fully celebrate. Millions of Californians are being forced to live under a legal cloud where basic rights like magazine ownership depend on last-minute filings, partial stays, and unpredictable court schedules. The fact that the state didn’t oppose Clement’s filing is interesting – perhaps even strategic. Could California be hoping for a loss at the Supreme Court to wash their hands of responsibility? Time will tell.
The Next Steps: Eyes on the Supreme Court
For now, the ball is in the Supreme Court’s court. Once the Clerk of the Supreme Court acknowledges receipt of the petition, the current stay holds until the Court issues a final decision. If they deny the case, the ban snaps back into place. If they take it on, the outcome could reset magazine laws nationwide. Until then, California gun owners remain in a strange limbo – lawful one day, potentially criminal the next, all depending on what happens behind closed doors in Washington, D.C.
Stay Legal, Stay Vigilant
For every Californian who owns standard capacity magazines, this is a crucial time to stay informed and within the bounds of the law. Thanks to the reporting and insights from Gun Owners Radio’s Michael Schwartz and CRPA TV’s Kevin Small, the rules are clearer than ever: possession is safe for now – but buying, selling, importing, or transferring is not. As the legal fight continues, staying vigilant and connected to trusted updates will be the only way to protect your rights.
A former park ranger and wildlife conservationist, Lisa’s passion for survival started with her deep connection to nature. Raised on a small farm in northern Wisconsin, she learned how to grow her own food, raise livestock, and live off the land. Lisa is our dedicated Second Amendment news writer and also focuses on homesteading, natural remedies, and survival strategies. Lisa aims to help others live more sustainably and prepare for the unexpected.