Duncan

Duncan v. Becerra

Good Law
265 F. Supp. 3d 1106
United States District Court, Southern District of CaliforniaJune 29, 2017Case No.: 3:17-cv-1017-BENCalifornia16,733 words

Opinion

Lead Opinion

Honbenitez, J.

ORDER GRANTING PRELIMINARY INJUNCTION

I. INTRODUCTION

On July 1, 2017, any previously law-abiding person in California who still pos *1110 sesses a firearm magazine capable of holding more than 10 rounds will begin their new life of crime. That is because California Penal Code § .32310 was amended last fall by the passage of a California ballot initiative, Proposition 63. With this change, § 32310(c) requires persons who lawfully possess these magazines today to dispossess them or face criminal penalties of up to one year in a county jail and a fine of $100 per magazine, or both. 1 Section 32310(d) provides three options for dispossession. First, a person may “remove the large-capacity magazine from the State.” § 32310(d)(1). Second, a person may “sell the large-capacity magazine to a licensed firearm dealer.” § 32310(d)(2). Third, a person may “surrender the large-capacity magazine to a law enforcement agency for destruction.” § 32310(d)(3). Naturally, there are statutory exceptions for' some individuals such as active and retired law enforcement officers (§§ 32400, 32405, and § 32406). There are also exceptions for employees of armored vehicle businesses (§ 32435) and for…

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