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

[Dvrjon]

ETA, 7:45 PDT. SCOTUSBlog is reporting that Orders from yesterday’s conference will publish at noon (EDT) today.

 

[BeAuMaN]

lol was just going to post the same thing, I saw Amy Howe's livechat message on that.

 

[Dvrjon]

I saw Amy Howe's livechat message on that.

Same.

 

[exnds]

Viramontes granted!! Nothing on the others. Crazy.

 

[BeAuMaN]

No Duncan on the list lol.

https://www.supremecourt.gov/orders/courtorders/063026zor_3f14.pdf

Now to watch the Docket: https://www.supremecourt.gov/docket/docketfiles/html/public/25-198.html

But I'm not going to sit here watching paint dry, since it might be an hour before we see an update, or it might be much longer.

 

[Dvrjon]

Viramontes and Grant combined for Cert based on Viramontes question.

Viramontes goes to ARs (Military weapons)
Grant goes to AR 15 possession and "unusually dangerous".

The four cases regarding age were denied.

Looks like Duncan, Gator's and Nat'l Association of Gun Rights are held over.

 

[treelogger]

I didn't think at all about those two cases. That is a very interesting development.

In this case, I completely withdraw my prediction (which was more pessimism) that Duncan will get denied. With Viramontes and Grant having cert, it makes more sense for Duncan and the other magazine cases to be held, waiting for the decision.

 

[Dvrjon]

Viramontes Question:

Whether the Second and 14th Amendments guarantee the right to possess AR-15 platform and similar semiautomatic rifles.

 

[Dvrjon]

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.

 

[hamdaddy]

So for those of us with little to no knowledge of how all of this works, do we have any idea of when we may hear something on Viramontes/Grant?

Never paid attention to SCOTUS stuff until the last few days.

 

[adrkwan]

Some

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

Busy busy... I imagine United States v. Comeaux re silencers is making its way up there too for Fall.

 

[Dvrjon]

So for those of us with little to no knowledge of how all of this works, do we have any idea of when we may hear something on Viramontes/Grant?

Never paid attention to SCOTUS stuff until the last few days.

They will be heard sometime in the next session which will begin on Oct 1, 2026. Expect a ruling by June 30, 2027.

 

[hamdaddy]

They will be heard sometime in the next session which will begin on Oct 1, 2026. Expect a ruling by June 30, 2027.

Ouch…. I guess at this point what’s another year…

 

[Jcwatchdog]

Ouch…. I guess at this point what’s another year…

Are you kidding? This is the BEST possible outcome, well aside from a per curiam that said “all guns are legal, leave law abiding people alone”.

 

[hamdaddy]

Are you kidding? This is the BEST possible outcome, well aside from a per curiam that said “all guns are legal, leave law abiding people alone”.

I meant at this point I feel like we’ve been waiting so long, what’s potentially another year going to hurt

 

[IrregularDefense]

The next question is, Viramontes discusses semi auto rifles that accept large capacity magazines, but is the scope wide enough for that to include a quick ruling on Duncan this time next year? Or do these cases simply only address the assault weapons ban and nothing of magazine capacity bans

 

[adrkwan]

The next question is, Viramontes discusses semi auto rifles that accept large capacity magazines, but is the scope wide enough for that to include a quick ruling on Duncan this time next year? Or do these cases simply only address the assault weapons ban and nothing of magazine capacity bans

I feel like the magazine debate could be split into what is "in common use" for rifles versus pistols.

 

[LarpAnonymous]

Holy they granted an AW & Mag ban case?!?!

I am actually in shock right now.

LETS GOOOOOO!!!!!

 

[Pythonfan]

I meant at this point I feel like we’ve been waiting so long, what’s potentially another year going to hurt

Justice delayed is justice denied. Duncan, for example, has been going for about a decade.

Midterms are around the corner. A lot can happen in 1 year.

Tactically a mag+Aw case is better. But it would have been nice to see the USSC take on the 9th directly in a 2a case. Has USSC ever granted a 9th Circuit 2a case, or a California 2a related case?

 

[Jcwatchdog]

I meant at this point I feel like we’ve been waiting so long, what’s potentially another year going to hurt

Yes it’s about 10 years too long, but today there was nothing they could do, aside from a per curiam, which we all knew wouldn’t really happen. But it took time to get a court that wasn’t hostile to the 2nd amendment. Can you image what a Hillary Clinton court would have done at this point?