DUNCAN V. BONTA GOES TO SCOTUS CONFERENCE - California Large Capacity Magazine Prohibition

[SomeOne]

Magazines are very important, to be sure. But IMHO striking down AWBs is a higher priority.

Not arguing it, but AR-15 with 1-round magazine may be useless. I am sure CA will be happy to circumvent the law again.

 

[Chipperchoi]

I miss Librarian. He would have nuked the last 2 pages and reminded us to stay reasonably on topic

Seriously. Take it to DM if you want argue over nothing burger. Dont want to wade through the bickering to see info about the case.

 

[Dvrjon]

Duncan, Gator, Santolla, if i remember correclty.

Duncan and Gator’s have been fully briefed and are sitting at SCOTUS petitioning for cert.

Santolla is at the Preliminary Injunction phase and is an Aw and Mag action. However, the case hasn’t been pled to the local jurisdiction. The PI went straight to the Judicial Circuit Court for Virginia and is no doubt going to have a long slog up even if it isn’t held pending SCOTUS review of Viramontes.

 

[Dvrjon]

For those just tuning in and wondering what happened re: Duncan, today, here’s the update from earlier.

Today's "2A Scorecard":
(Relists in parens)

Gator’s v. Washington (21): Mags Held Over (pending relisting for Fall)
Duncan v. Bonta (21): Mags Held Over (pending relisting for Fall)
Viramontes v. Cook (21): ARs + Mags GRANTED AND COMBINED WITH GRANT
National Association of Gun Rights v. Lamont (16): ARS + Mags Held Over (pending relisting for Fall)
Grant v. Higgins (16): ARs GRANTED AND COMBINED UNDER VIRAMONTES
//////
And 4 regarding 18-21 Age restrictions, each with just one relist:

ALL DENIED
W. Virginia Citizen’s Defense League v. BATFE
McCoy v. BATFE
Bivens v. 2A Foundation
NRA v. Glass

ETA: Source for Viramontes ARs + Mags cannot now be confirmed.

THE CONVERSATIONS BEGAN HERE: https://caguns.net/threads/duncan-v...agazine-prohibition.26642/page-61#post-160621

 

[SomeOne]

Duncan and Gator’s have been fully briefed and are sitting at SCOTUS petitioning for cert.

Wake up. Those can no longer be scheduled, thus will not be taking by SCOTUS. Our best hope Duncan will be on-hold till AR-15 case(s) decided next year. Then it will be sent back to 9CA, like happened during Bruen. That's the best case scenario.

 

[Pythonfan]

Wake up. Those can no longer be scheduled, thus will not be taking by SCOTUS. Our best hope Duncan will be on-hold till AR-15 case(s) decided next year. Then it will be sent back to 9CA, like happened during Bruen. That's the best case scenario.

No longer scheduled.....or no longer scheduled this session? Two distinct things.

 

[NaboombuLagoon]

Wake up. Those can no longer be scheduled, thus will not be taking by SCOTUS. Our best hope Duncan will be on-hold till AR-15 case(s) decided next year. Then it will be sent back to 9CA, like happened during Bruen. That's the best case scenario.

If you don't know what you're talking about, just stop talking. You always have the freedom to not speak.

 

[NaboombuLagoon]

No longer scheduled.....or no longer scheduled this session? Two distinct things.

Unresolved cases are regularly held over to the next term. Dude's a clown.

 

[cali_jazz]

I miss Librarian. He would have nuked the last 2 pages and reminded us to stay reasonably on topic

In progress....

 

[timthetwin]

I miss Librarian. He would have nuked the last 2 pages and reminded us to stay reasonably on topic

An absolute legend

 

[cali_jazz]

An absolute legend

You may call me the "Piano Legend"

 

[cali_jazz]

Very interesting conversation with Chuch Michel CRPA President on what this past week's events mean and how it may affect other cases on the docket:

 

[tenemae]

I just got finished brushing up on Viramontes and Grant (non-9th stuff is mostly invisible to me) and correct me if I'm wrong, but...
Both cases were granted and consolidated, both challenge AR-15 bans, and both intrinsically contain a magazine challenge. Specifically concerning the ban of any weapon that "has a fixed magazine with the ability to accept more than ten rounds;"
I think we're past speculation that Duncan will be denied, so this leaves us with the probability (certainty?) that Duncan will be held for an entire year further pending GVR after Viramontes and Grant are decided next session. Right?

 

[Experimentalist]

What you write seems consistent with what was said in the interview with Chuck Michel linked above by Cali_Jazz.

As Mark Twain once noted, "The future is difficult to predict, especially in advance". That said, Mr. Michel seems quite positive on today's developments.

Might be time to send funds to CRPA, ensure a robust fight.

 

[Dvrjon]

I just got finished brushing up on Viramontes and Grant (non-9th stuff is mostly invisible to me) and correct me if I'm wrong, but...
Both cases were granted and consolidated, both challenge AR-15 bans, and both intrinsically contain a magazine challenge. Specifically concerning the ban of any weapon that "has a fixed magazine with the ability to accept more than ten rounds;"
I think we're past speculation that Duncan will be denied, so this leaves us with the probability (certainty?) that Duncan will be held for an entire year further pending GVR after Viramontes and Grant are decided next session. Right?

I don’t think Duncan or Gator’s will be denied. I think they will be held until resolution of these two cases which contain LCM prohibitions. If the resulting Decision reaches a Step 1 Definition of arms or other wise impacts Duncan/Gator’s, I think the cases will be Granted Cert/Vacated Cert and Remanded (GVR’d) back down the hill for resolution under the new guidance. But that won’t happen until late Jun 2027.

Freaking aggravating, but I think that’s the play.

Alternatively, if cases involving just mags as arms come up during the Summer/Fall, these may be resurrected for cert.

Best deal is the SCOTUS, in review of the two cases, directly states that LCMs are arms. Then SCOTUS could rule per curiam on Duncan and direct a positive verdict. But, lawyers wanna do lawyering and get paid.

 

[CadeH]

Duncan will be held for an entire year further pending GVR after Viramontes and Grant are decided next session. Right?

Theres two ways to think about this: if you are pessimistic then it means our legally possessed magazines have a one year expiration date. If you are optimistic (which with the makeup of the Supreme Court you should be) then in a year from now you probably will be able to buy normal magazines again.

 

[Dvrjon]

Theres two ways to think about this: if you are pessimistic then it means our legally possessed magazines have a one year expiration date. If you are optimistic (which with the makeup of the Supreme Court you should be) then in a year from now you probably will be able to buy normal magazines again.

The true optimist will be able to return his AR-15 platforms to original specs, tear up any registration docs, and buy, possess and use LCMs.

 

[BeAuMaN]

The true optimist will be able to return his AR-15 platforms to original specs, tear up any registration docs, and buy, possess and use LCMs.

Tear them up? No no, aw reg docs shall become historical pieces that embellish tge resale value. A "bonafide former registered assault weapon". Buy a piece of California's dark history!

I'm sure there's a sucker that would pay more for that.

 

[Dvrjon]

Tear them up? No no, aw reg docs shall become historical pieces that embellish tge resale value. A "bonafide former registered assault weapon". Buy a piece of California's dark history!

I'm sure there's a sucker that would pay more for that.

Personally, I hope to be able to put all of the “evil features” and the work arounds into a shadow box with a warning to my successors.Something along the lines of “Sic semper tyrannis,” or “Illigitimi Non Carborundum”.

 

[exnds]

How does the featureless vs featured debate look now?