Despite Record Delays, Duncan Presses On
If it seems unusual to you that Duncan v. Bonta has been relisted over 20 times now, you’re right. In fact, it’s nearing historic. And judging from the responses to our recent poll, you’re all pretty sick of waiting.
As CRPA President & General Counsel Chuck Michel shares with CRPA TV host Kevin Small, it’s high time that Duncan makes another kind of history: clarifying “what is an arm?” once and for all. If the state can get away with identifying everything from sights to suppressors to magazines as “accoutrements”, then 2A protections are practically meaningless.
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Second Amendment scholar Steven Halbrook noted recently that the lack of clarity around what qualifies as an arm continues to erode constitutional protection. What good is a standard such as Bruen if the state can just waltz right around the need to even apply it?
This legal limbo gives rise to courts engaging in subjective “tests” about what is “necessary” for the operation of a firearm. If the state need only declare a firearm part “unnecessary” to justify banning it, you can imagine where that will lead.
CRPA is still fighting to make Duncan the case that ends this madness. Despite the delay, our cert petition is still active and will be acted on in some way or another within the next couple weeks.
The Court may be dragging its feet on deciding this question, but…