Duncan Case Update- State Takes Action Against Gun Owners!
Attorney General Becerra Files for en banc Review with the Ninth Circuit in the Duncan v. Becerra case.
August 28, 2020-Today the California Rifle & Pistol Association received word from the Court that the state of California will keep fighting the well-reasoned constitutional analysis of two federal courts in an attempt to permanently deny Second Amendment rights and unlawfully take private property from lawful citizens through a request for an en banc review by the court.
This is the same case that led to “Freedom Week” where thousands of Californians were able to lawfully purchase standard capacity magazines much like the rest of the country.
CRPA has been fighting since the 30,000+ member-driven organization filed the case back in 2017, and has led the fight through the courts with the assistance of the National Rifle Association.
Today’s decision by the state to seek the en banc hearing on the Duncan case is no surprise- and CRPA stands ready to support this case all the way to the Supreme Court.
President and General Counsel Chuck Michel noted that, “By potentially sending this case to the Supreme Court, this case may present opportunity to set things straight on the underlying issue of what the standard of review test should be when considering any Second Amendment challenges. The Supreme Court seems inclined to do away with the complicated subjective tests that many courts have wrongly applied in Second Amendment cases, in favor of a clearer more objective “originalist” approach that considers the text, history, and tradition of a law to determine what infringements might be tolerated.”
Initially won through a positive ruling by the United States District Court in San Diego and an appeal to the Ninth Circuit, CRPA and gun owners are in a good position and we have sound constitutional analysis on our side. CRPA’s legal team has been preparing for this since the initial order two weeks ago and we are ready to defend against the state’s weaker position.
In its case, CRPA demonstrated how prohibiting law-abiding citizens from manufacturing, obtaining, selling, transferring, or even possessing standard-issue magazines for firearms violates the constitution.
CRPA continues to fight in nearly a dozen major court battles to protect and defend the Second Amendment in California. We have decades of experience in these types of issues and will continue with your help.
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About the California Rifle & Pistol Association
Founded in 1875, the California Rifle & Pistol Association provides training in the safe, responsible, and enjoyable use of firearms; sanctions competitive shooting state championships; and fights for the Constitutional right to keep and bear arms for those who choose to own a gun in California for sport, hunting, or self-defense. For more information, visit crpa.org.Donate to Stop the State From Removing Your Rights