DUNCAN V. BONTA 9-22 Magazines, STAYED until appeal, ORAL ARGS week of 3-24-24

[Sgt Raven]

You still need evidence to disprove "In Common Use" for the government to be able to ban in Bianbchi. Since Bianchi was just a motion and not a ruling on a complete case, the briefs were never made.

As to Duncan, there has not been the THT test as to the limiting of capacity.

IDK, didn't Judge Benitez apply Heller to Duncan the 1st time around? It's a ban case so the THT was done in Heller.

[SpudmanWP]

Remember that the State never had a chance to do the THT test the 1st time as all they needed at the time was Interest-balancing reasoning. Now that they needed a THT test, they needed to submit that to a court, hence why a "Court of Discovery" was needed.

[Bhobbs]

You still need evidence to disprove "In Common Use" for the government to be able to ban in Bianbchi. Since Bianchi was just a motion and not a ruling on a complete case, the briefs were never made.

As to Duncan, there has not been the THT test as to the limiting of capacity.

Magazines holding more than 10 rounds are in common use. You don?t need THT.

[Drivedabizness]

IDK where you folks are getting all this "new" stuff. Bruen is chalk full of language indicating the Heller standard was the correct standard and that SCOTUS meant what it said. The only real "new"is that impacting the 2A is presumptively unlawful unless the State can carry the burden (using THT - NOT interest balancing) of proving that the statute/regulation at hand has a historical analogue.
Yes, SCOTUS included unhelpful language, again. Judge B has gotten it right (IMHO). He told them to provide applicable analogues from a specific time period. He allowed them to exceed his guidance and even looked at the superfluous stuff they submitted.
These delay tactics are maddening..

[splithoof]

These delay tactics are maddening..

I think Randall from ar15barrels has correctly summed up the whole bunch of shenanigans. As I see it, the 9th openly defies SCOTUS, whom they know has ZERO power to do anything about it. If they did, things would already have been better. It may appear on the surface that some things like CCW issues are better, but that has been negated by new laws like SB2 that will likely take effect. And the state keeps piling on more and more, all knowing that delay tactics drag on for decades. Meanwhile, many of continue to grow old and die off while waiting for what may never come. The folks in black robes and grey suits blather on and on, while making long careers over civil rights being destroyed.

[Librarian]

OK folks, having had a couple days to discover new stuff to say, we're drifting back into generalities.

Nothing wrong with the content itself, but it needs its own thread.

Someone start one, please.

Closed, for now.

[SpudmanWP]

Here is the opening brief from Bonta. It'll take a while to dig through to answer your question:

https://storage.courtlistener.com/recap/gov.uscourts.ca9.345123/gov.uscourts.ca9.345123.14.1.pdf

The Duncan response to this brief is not due till later in December.

[abinsinia]

Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Massachusetts, New Jersey, Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin. Date of service: 11/28/2023. [12829560] [23-55805] (Dewar, Elizabeth) [Entered: 11/28/2023 11:49 AM]

https://storage.courtlistener.com/recap/gov.uscourts.ca9.345123/gov.uscourts.ca9.345123.17.0.pdf

Misapplying the framework set forth in Bruen, the District Court concluded
that Plaintiffs-appellees? Second Amendment challenge to this law is likely to
succeed on the merits. ...

[Librarian]

FPC amicus filing, Dec 28, 2023 - https://assets.nationbuilder.com/fir...pdf?1703799043