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DUNCAN v. BONTA

No. 23-55805.

83 F.4th 803 (2023)

Virginia DUNCAN; Patrick Lovette; David Marguglio; Christopher Waddell; California Rifle & Pistol Association, Inc., a California corporation, Plaintiffs-Appellees, v. Rob BONTA, in his official capacity as Attorney General of the State of California, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 10, 2023.

Attorney(s) appearing for the Case

Anna Barvir , Sean Anthony Brady , Attorneys, Carl D. Michel, Esquire , Senior Attorney, Michel & Associates, PC, Long Beach, CA, for Plaintiffs-Appellees.

John Darrow Echeverria , Attorney, California Department of Justice, San Francisco, CA, Robert Meyerhoff , California Department of Justice, Business & Tax, Los Angeles, CA, Mica Moore , AGCA-Office of the California Attorney General, Los Angeles, CA, for Defendant-Appellant.

Dissent by Judge Bumatay

ORDER

California Penal Code section 32310(a) creates criminal liability for "any person... who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives" a large-capacity magazine ("LCM"), which is defined as "any ammunition feeding device with the capacity to accept more than 10 rounds". Cal. Penal Code § 16740. Plaintiffs—five individuals and the California...

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