It is high time for the Supreme Court to take another 2A case. The Bruen standard and its logic have been tortured in some jurisdictions and outright side-stepped in others. It’s time for clarification, and only a few cases check all the boxes of what the Supreme Court is looking for.
Duncan v. Bonta is one of them. The case challenges California’s ban on standard capacity magazines, and checks all the boxes. First, it raises the critical constitutional issue of what is considered an “arm” protected by the Second Amendment’s express language. This issue has been a huge fight in many “hardware” cases nationwide, and some courts have improperly excluded all kinds of firearm parts or features, like magazines, suppressors, and semi-autos, from being considered “arms” at all. The issue has produced splits among various circuit courts, which also helps position the Duncan case for Supreme Court review. On top of that, the case raises the issue of what historical analog laws will suffice to justify a modern law. Courts have been improperly accepting almost any old law to justify a new one under the Supreme Court’s history and tradition test.
The Supreme Court must stop these judicial shenanigans, and the Duncan case allows the Court to do that emphatically!
The petition for certiorari will be filed in mid-August, which provides ample time to work with key 2A advocacy groups and state attorneys general to join the cause. Even the Trump administration may weigh in on the case, as they have in select cases across the country.
2ALC is already working to round up amicus participants and draft amicus briefs. Be a part of 2A history by supporting our efforts - please, donate below.
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