Duncan v. Becerra

Docket Number19-55376
Decision Date14 August 2020
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27 cases
  • State v. Misch
    • United States
    • Vermont Supreme Court
    • February 19, 2021
    ...Ninth Circuit is the only federal circuit to strike down a large-capacity magazine ban under the Second Amendment. Duncan v. Becerra, 970 F.3d 1133, 1140 (9th Cir. 2020). Duncan involved a challenge to California's large-capacity magazine ban, which applied to magazines of ten rounds or mor......
  • Fouts v. Bonta
    • United States
    • U.S. District Court — Southern District of California
    • September 22, 2021
    ...acquired, and possessed throughout the United States.").14 See Duncan v. Becerra , 366 F. Supp. 3d 1131 (S.D. Cal. 2019), aff'd , 970 F.3d 1133 (9th Cir. 2020), reh'g en banc granted, opinion vacated , 988 F.3d 1209 (9th Cir. 2021) ("The oldest statute limiting the permissible size of a det......
  • Maryland Shall Issue, Inc. v. Hogan
    • United States
    • U.S. District Court — District of Maryland
    • August 12, 2021
    ...findings." ECF 135-1 at 51. But, plaintiffs cite one Second Amendment case in support of this argument: Duncan v. Becerra , 970 F.3d 1133, 1166 (9th Cir. 2020), reh'g granted , opinion vacated , 988 F.3d 1209 (9th Cir. 2021) (en banc). Of relevance here, the Supreme Court has said that, "[i......
  • Hirschfeld v. Bureau of Alcohol, Firearms, Tobacco & Explosives
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • July 13, 2021
    ...1090 (1982) ("substantially related"). Given the lack of descriptive clarity, its application varies widely. See Duncan v. Becerra , 970 F.3d 1133, 1165–67 (9th Cir. 2020) (noting varying standards and degrees of deference). In response, some have argued that courts’ Second Amendment scruti......
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2 books & journal articles
  • SECURING GUN RIGHTS BY STATUTE: THE RIGHT TO KEEP AND BEAR ARMS OUTSIDE THE CONSTITUTION.
    • United States
    • Michigan Law Review Vol. 120 No. 4, February 2022
    • February 1, 2022
    ...by California law). (371.) Heller, 554 U.S. at 625. (372.) Eg., Duncan v. Becerra, 366 F. Supp. 3d 1131, 1143 (S.D. Cal. 2019), affd, 970 F.3d 1133 (9th Cir. 2020) (finding that a ban on large-capacity magazines fails the Heller test "because they are not unusual and are commonly used by re......
  • Second Amendment: the Dozen Yardsticks for Measuring Its Scope
    • United States
    • California Lawyers Association California Litigation (CLA) No. 34-1, 2021
    • Invalid date
    ...large capacity magazine (LCM) case — the type of case likely to one day trigger Supreme Court review. (Duncan v. Becerra (9th Cir. 2020) 970 F.3d 1133 (Duncan).) Government data revealed that from 1990 to 2015, civilians possessed about 115 million LCMs. There were then 230 million LCMs in ......

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