California Magazine Law Update - People v Newt & Duncan Status at SCOTUS

People v. Newt: Court Reverses “Receiving” Large-Capacity Magazine Conviction Amid Duncan v. Bonta Uncertainty California Gun Law host Don Hammond reviews the newly published appellate case People v. Newt (119 Cal.App.5th 804), where Contra Costa prosecutors charged a defendant with “receiving” a large-capacity magazine under Penal Code §32310(a) based on the theory that possession implies prior receipt, since enforcement of the possession ban in §32310(c) remains enjoined due to Duncan v. Bonta. The jury convicted, but the Court of Appeal reversed the magazine-receiving conviction for lack of evidence showing when the magazine was received and whether receipt was illegal, and it declined to reach jury-instruction or constitutionality issues. Hammond explains the court’s statutory and legislative-history analysis distinguishing “receiving” from “possessing,” reiterates that the government must prove unlawful acquisition and timeliness, cautions against statements to police, and updates viewers on Duncan’s repeated Supreme Court relistings and related pending cases. 00:00 Welcome and mission 01:21 Case overview People v Newt 01:49 DA theory and conviction 03:10 Appeal and reversal 03:50 Court reads 32310 history 05:29 What this means for you 06:06 Duncan v Bonta status 06:45 How Supreme Court cert works 07:34 Why Duncan is different 08:13 Other gun cases and outlook 09:28 Wrap up and support