VIRGINIA DUNCAN, ET AL V. ROB BONTA, No. 23-55805 (9th Cir. 2023)
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Plaintiffs—five individuals and the California Rifle & Pistol Association, Inc.—filed this action in the Southern District of California challenging the constitutionality of Section 32310 under the Second Amendment. On September 22, 2023, the district court issued an order declaring Section 32310 “unconstitutional in its entirety” and enjoining California officials from enforcing the law. Defendant Rob Bonta, the Attorney General of California, filed an emergency motion for a partial stay pending appeal. The Attorney General seeks to stay “all portions of the order except those regarding Sections 32310(c) and (d), which relate to large-capacity magazines that were acquired and possessed lawfully prior to the district court’s order granting a permanent injunction.”
The Ninth Circuit granted the motion. First, the court concluded that the Attorney General is likely to succeed on the merits. The court explained that the Attorney General makes strong arguments that Section 32310 comports with the Second Amendment under Bruen. Second, the Attorney General has shown that California will be irreparably harmed absent a stay pending appeal by presenting evidence that large-capacity magazines pose significant threats to public safety. Third, it does not appear that staying portions of the district court’s order while the merits of this appeal are pending will substantially injure other parties interested in the proceedings. Finally, the court concluded that the public interest tips in favor of a stay.
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