The ruling centers around Proposition 63’s controversial elimination of the grandfather clause on high capacity magazines.
One of the ways that criminal convictions can impact California residents is their ability to own firearms. Depending on the type of conviction, a person may be banned from owning a gun entirely — for a period of time, or even for life. Yet even if you have a clean criminal record, California has some of the toughest gun laws in the nation. A recent ruling from a federal appeals court may make one aspect of those laws unenforceable.
In 2016, in the wake of a number of high profile mass shootings, California voters passed Proposition 63. This measure, which was backed by over 60 percent of voters, contained a provision that eliminated a grandfather clause in California law that allowed certain gun owners to keep high capacity magazines. Previously, California had banned high capacity magazines — those that hold more than 10 rounds of ammunition — in 2000. However, there was a clause in the law that allowed anyone who had a high capacity magazine before the law was passed to keep their property.
Under Proposition 63, owners of guns with high capacity magazines would have to surrender lawfully purchased property — or face criminal prosecution under California’s harsh gun laws. According to an experienced Orange County criminal defense attorney, this new law was set to take effect on July 1, 2017.
However, a California gun owner, Virginia Duncan and the California Rifle and Pistol Association challenged the law in federal court. They argued that forcing them to turn over their weapons — which are often worth thousands of dollars — under the threat of being charged with a crime was the equivalent of the government taking their property.
In June 2017, a federal judge agreed with the gun owners, blocking the portion of Proposition 63 that would eliminate the grandfather clause. The Ninth Circuit — the federal court of appeals that handles cases from California and other states — agreed. The block on that part of Proposition 63 is now temporarily upheld, at least until the case goes to trial in the fall.
As a seasoned Orange County criminal defense attorney can explain, this case is important for gun owners. It prevents this criminal law from taking place — at least for the time being. However, if you currently own a gun with a high capacity magazine, you should be aware that this could change after the case goes to trial.
At the Chambers Law Firm, we are dedicated to staying on top of the latest news and court cases that impact our clients. Following cases like this one gives us the ability to advise our clients about how they can stay in compliance with the law — and ensure that we can provide the best possible legal advice. If you have questions about how this law or any other California criminal law impacts you, contact us today at 714-760-4088 or dchambers@clfca.com for a free initial consultation.
