DUNCAN v BONTA: California's Emergency Motion to 9th Circuit in Benitez MAG Case Looks Like a LOSER
This video provides an expert analysis of California's emergency motion to the Ninth Circuit in the Duncan v. Bonta case, concerning the state's large-capacity magazine ban. The speaker, Mark Smith, a constitutional attorney, argues that California's legal arguments are weak and misinterpret key Supreme Court precedents like Heller and Bruin. He emphasizes that the 'common use' test for arms bans is historically based, not textual, and the burden is on the government to prove an arm is not in common use. The analysis highlights California's attempt to conflate textual and historical inquiries and misapply language from Bruin.










