CALIFORNIA CAUGHT! 700,000 Machine Guns Claim Exposed in Duncan v. Bonta Case...

Published on December 12, 2022
Duration: 13:05

This analysis of the Duncan v. Bonta case, presented by Mark W. Smith, a Constitutional Attorney, scrutinizes California's legal brief regarding machine gun ownership. Smith highlights California's attempt to redefine 'common use' by focusing on complex registration and ownership data, rather than simple civilian possession numbers, to circumvent Second Amendment protections.

Quick Summary

California's legal brief in Duncan v. Bonta claims over 700,000 registered machine guns aren't protected, but this figure includes government and manufacturer-owned items. Analysis suggests private civilian ownership might be around 176,000, potentially below the 'common use' threshold established in Heller and Caetano.

Chapters

  1. 00:00Introduction to California Machine Gun Claim
  2. 00:42Duncan v. Bonta and Footnote 11
  3. 01:28Constitutional Standards for Common Use
  4. 03:02California's Legal Strategy
  5. 05:12The 700,000 Machine Gun Claim
  6. 07:16Analyzing ATF Statistical Data
  7. 08:42Private vs. Government Ownership
  8. 11:18Apples to Apples Comparison Flaw

Frequently Asked Questions

What is the core of California's argument regarding machine gun ownership in the Duncan v. Bonta case?

California argues that over 700,000 registered machine guns are not protected by the Second Amendment, attempting to redefine 'common use' by focusing on complex registration data rather than simple civilian ownership numbers.

How do rulings like Heller and Caetano define 'common use' for firearms?

Heller and Caetano establish that 'common use' refers to arms lawfully possessed by the general populace. The Caetano case suggested that approximately 200,000 units in possession could meet this threshold for protection.

Does the 700,000 machine gun figure cited by California represent only private ownership?

No, the 700,000 figure cited by California includes all registered NFA items categorized as machine guns, which encompasses those owned by manufacturers and government agencies, not exclusively private citizens.

What evidence suggests that the number of privately owned machine guns might be below the 'common use' threshold?

A 2016 court case, Hollis v. Lynch, indicated that only about 176,000 machine guns were in private civilian hands, a number lower than the 200,000 benchmark suggested in the Caetano ruling for 'common use'.

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