On April 10th, 2025, the Ninth Circuit Court of Appeals issued a new order in the long-running legal battle known as Duncan v. Bonta. This case, which directly challenges California’s ban on magazines holding more than ten rounds, just took a dramatic shift. According to William, host of Copper Jacket TV, the court granted a partial stay of its March 20th ruling. That earlier decision had declared standard capacity magazines – those holding over ten rounds – were not protected by the Second Amendment because they were considered mere “accessories” rather than “arms.” This new order temporarily halts enforcement of that ruling, preserving the legal status of “Freedom Week” and pre-ban magazines.
What Is “Freedom Week” Anyway?
“Freedom Week” refers to a brief window in March 2019 when California gun owners were legally allowed to buy and import magazines holding more than ten rounds. This came after Judge Roger Benitez (nicknamed “Saint Benitez” by gun rights advocates) issued an injunction against California’s magazine ban. Millions of these mags poured into the state before the order was stayed. As William of Copper Jacket TV put it, “I emptied my wallet. I know a lot of other people did too.” The question now is whether those legally purchased magazines will remain legal.
The Ninth Circuit’s Temporary Decision
According to Don Hammond, host of California Gun Law, the April 10th ruling issued a 90-day stay on enforcing the March decision. That pause will automatically extend if the plaintiffs file a petition for certiorari (a request for Supreme Court review) during the 90-day window. Hammond explains that this stay specifically blocks the part of California law that would’ve required owners to surrender, destroy, or ship their lawfully owned magazines out of state. So, for now, possession is still legal – even if sale, import, or transfer is not.
Why the Delay Matters
The court’s stay buys time – but just barely. As Reddit user u/FireFight1234567 explained in a detailed thread on r/CAguns, “Given that the en banc opinion was filed on 3/20/2025, Duncan and others have until 6/18/2025 to file a cert petition.” If they miss the deadline, the Ninth Circuit’s ruling stands, and millions of legally owned magazines could suddenly become contraband. It’s a tight window, and the stakes couldn’t be higher.
Will the Supreme Court Step In?
There’s cautious optimism that the Supreme Court might take this case. Don Hammond points out that Duncan v. Bonta is “a final decision,” not just a temporary injunction. This gives it a stronger chance of being granted cert compared to other ongoing gun rights cases like Ocean State Tactical and Snope. William agrees, noting that Duncan has already been to the Supreme Court once before – where it was GVR’d (granted, vacated, and remanded) after the Bruen decision. That could make it a prime candidate for review.
Magazines Still Legal, But Be Careful
Even with this temporary reprieve, Don Hammond warns that caution is still necessary. While you can legally possess a standard capacity magazine in California if it was acquired during Freedom Week or before the 2017 ban, you still can’t sell, lend, or give them away. And if law enforcement suspects your magazine was obtained illegally, it’s still possible to be charged. “They would have to prove beyond a reasonable doubt that you acquired these magazines while they were banned,” Hammond says – but he warns that magazines for newer gun models could still raise suspicion.
Frustration from the Gun Community
Reddit is brimming with frustrated reactions. User u/Zestyclose_Phase_645 joked, “I literally just re-riveted my magazines. SNIP SNAP SNIP SNAP.” Meanwhile, u/AmericanUpheaval357 bluntly stated, “Court system needs to be fixed. It takes way too long for rights to be restored.” Another user, u/Mr_Blah1, added, “It’s damn frustrating to see the 9th Circuit… bend over backwards to pretend that the 2A doesn’t exist.” The exhaustion in these comments speaks volumes. This case has dragged on for nearly eight years – and the finish line still isn’t in sight.
What Happens If SCOTUS Says No?
If the Supreme Court denies cert, the temporary stay disappears, and California’s full magazine ban will return in force. William explained it clearly: “If the Supreme Court ends up denying it… that means that everything that everybody owns in California that can hold more than 10 [rounds] would then be banned.” It would be a crushing blow to those who followed the law during Freedom Week, only to see their rights stripped again years later.
Procedural Shenanigans Raise Eyebrows
One of the more jaw-dropping revelations from the Reddit thread was the claim that the en banc panel that ruled against magazines may have been improperly formed. User u/release_the_waffle wrote, “They missed the deadline and the original panel upholding Benitez’s ruling should have stood.” If true, this could become a major issue when the case reaches the Supreme Court. As u/GrouchyTrousers put it: “They might get a finger wag for the procedural shenanigans, but I’m hoping for a big slapdown for ignoring Bruen.”
The Bigger Picture: Legal Warfare
User u/GulfOfAmericaTours offered a sobering take: “It only takes long because the opposition is fighting back. All they need to do is tire out or outlast our side.” That’s the game – delay, obstruct, and wait for momentum to fade. Gun rights groups like CRPA and lawyers like Chuck Michel are fighting uphill battles in a judicial system that’s slow to correct itself. This legal warfare is exhausting, but for now, the stay is a small but meaningful win.
Hope Is a Risky Business
It’s hard not to feel a little cynical watching this play out. The law treats millions of law-abiding gun owners like criminals-in-waiting. We’re told to obey the rules – then punished even when we do. The fact that a court can retroactively label something illegal after years of litigation feels more like bait-and-switch than justice. And while there’s hope the Supreme Court might do the right thing, that hope comes with a warning label: “No guarantees.”
Stay Vigilant, Stay Informed
For now, if you legally bought a standard capacity magazine during Freedom Week or before the original ban, you’re safe. But that safety is built on a countdown clock. If a petition is filed in time and SCOTUS agrees to hear the case, we may finally get a nationwide ruling on magazine bans. If not, the door slams shut, and the wait begins again – possibly for years. William of Copper Jacket TV and Don Hammond have been clear: this fight is far from over. So watch the calendar, keep your ears open, and remember – your rights depend on what happens next.
To learn more, check out the Copper Jacket TV video here, the CA Gun Law News & Updates video here, and the Reddit thread here.
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.