This video provides an expert-level analysis from Mark W. Smith, host of The Four Boxes Diner and constitutional attorney, on the significant Ninth Circuit ruling in Baird v. Bonta. The decision sets a new standard for preliminary injunctions in Second Amendment cases, emphasizing the 'likelihood of success on the merits' and potentially impacting gun control challenges across the Ninth Circuit.
The Ninth Circuit's ruling in Baird v. Bonta sets a new standard for preliminary injunctions in Second Amendment cases, requiring courts to prioritize the 'likelihood of success on the merits.' This decision impacts gun control litigation across California, Hawaii, Arizona, and Washington State, and was analyzed by constitutional attorney Mark W. Smith.
The Duncan v. Bonta case, challenging California's magazine ban, is under Supreme Court consideration. A key argument for review, based on the US v. Benson ruling striking down a similar DC ban, has been undercut by the DC Court of Appeals granting an en banc rehearing in Benson. This shifts the legal landscape, potentially influencing the Supreme Court's decision to grant or deny certiorari for Duncan.
A federal court ruling by the 11th Circuit in United States v. Maxim Alsenat determined that machine guns are not protected by the Second Amendment. The court's reasoning, based on the 'common use for lawful purposes' standard established in Heller, could have broader implications for other firearm categories. The ruling emphasizes historical regulation and the classification of machine guns as dangerous and unusual weapons.
