Today was the deadline for California Attorney General Xavier Becerra to decide his next step in a challenge to the state’s ban on so-called Large Capacity Magazines. Two weeks ago a three judge panel on the Ninth Circuit Court of Appeals declared that the ban violates the constitutional rights of residents, and we knew that Becerra wasn’t just going to let that decision stand. The big question was whether Becerra would seek an en banc review from a larger panel of judges on the Ninth Circuit, or appeal directly to the U.S. Supreme Court, and on Friday afternoon Becerra ended the suspense by keeping the case in the Ninth Circuit for now with a request for the en banc review in the case known as Duncan vs. Becerra.
From the California Rifle & Pistol Association:
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.”