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Duncan v Becerra - CA mag ban (continued)


Euler
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We really need the Supreme Court to establish strict scrutiny on any 2nd infringments, the fact that this court ruled basically saying "We don't think you need a magazine over 10 rounds for self defense, thus we can outlaw them" in regards to a protected right is absurb, they once again lowered the right to a privilege.

 

My hope is the Supreme Court puts an end to this nonsense sooner than later, the fact that a case like this is one step away from the Supreme Court after Heller ruled the 2nd an individual right is IMO nothing but the lower courts ignoring Heller because the Supreme Court neglected to establish a scrutiny level.

Edited by Flynn
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  • 3 weeks later...
CRPA said:

...

With this Stay of Mandate granted by the court, it essentially means everything carries on as it has for the past several years. Those individual who lawfully own or possess magazines holding more than 10 rounds are allowed to keep them while the case is appealed.


Owners are allowed to keep them (for now), but not buy more (unless they travel out of California, I guess).

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  • 2 months later...

The case has moved to the US Supreme Court.

Duncan v Bonta 21-1194

 

https://www.supremecourt.gov/docket/docketfiles/html/public/21-1194.html

 

i would also like to mention that another Magazine case ANJRPC v Platkin (NJ)

Is pending with SCOTUS. It is currently “on hold” pending the NYSPRA v Bruen case.

https://www.supremecourt.gov/docket/docketfiles/html/public/20-1507.html

 

Due to timing, with deadlines and possible extensions to file various briefs. An Opinion on NYSPRA v Bruen case will likely be issued prior to Duncan even being scheduled for a conference. Even though that case has nothing to do with magazine bans, it is well expected that the opinion will make some comment on the use of scrutiny etc. why else would the ANJRPC case be put into a holding pattern? That case from NJ will have an impact on Duncan.

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On 3/8/2022 at 9:50 AM, Texasgrillchef said:

...

i would also like to mention that another Magazine case ANJRPC v Platkin (NJ)

Is pending with SCOTUS. It is currently “on hold” pending the NYSPRA v Bruen case.

https://www.supremecourt.gov/docket/docketfiles/html/public/20-1507.html

...

 

We have a thread on 20-1507 at ANJRPC v NJ - Magazine size limits & seizures.

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