The Rotten 9th Circuit Uphold Magazine Bans (Again)

Published on March 21, 2025
Duration: 9:17

The Ninth Circuit, in Duncan v. Bont, has again upheld California's magazine ban. Initially, the court applied intermediate scrutiny, finding the ban a minimal burden on Second Amendment rights. However, on rehearing, the court declared that large capacity magazines are accessories, not 'arms,' thus falling outside the Second Amendment's text. This ruling represents a departure from their previous stance and relies on a 'nuanced approach' that equates historical gun laws with modern magazine bans.

Quick Summary

The Ninth Circuit, in Duncan v. Bont, has ruled that large capacity magazines are accessories, not 'arms,' and thus fall outside the Second Amendment's protection. This decision overturns their prior finding that such bans implicated the Second Amendment and were subject to intermediate scrutiny.

Chapters

  1. 00:00Introduction: Duncan v. Bont Magazine Ban Ruling
  2. 00:52Case Overview: Duncan v. Bont
  3. 01:13Previous Ninth Circuit Ruling (Pre-Bruen)
  4. 01:35Duncan v. Bont 2021 Ruling Analysis
  5. 02:32Focus: Second Amendment Implication
  6. 03:01Current Ruling: Second Amendment Not Applicable
  7. 03:14Ninth Circuit's Reasoning: Magazines as Accessories
  8. 04:19Plaintiff's Argument vs. Court's Rejection
  9. 05:00Court's 'Easy Off-Ramp'
  10. 05:18Second Amendment Text Limit: 'Arms' vs. 'Accutraments'
  11. 05:56Contrast: Part One vs. Part Two Ruling
  12. 06:13Alternative Justification: 'Rich History'
  13. 06:25Reference to Bruen Decision's Impact
  14. 06:52Nuanced Approach and Historical Analogies
  15. 07:28Test: 'Common Use for Self-Defense'
  16. 07:37Lack of Newsworthy Developments Predicted
  17. 07:55Criticism: Intellectual Dishonesty
  18. 08:18Political and Intellectual Dishonesty of Ninth Circuit
  19. 08:21Conclusion and Call to Action

Frequently Asked Questions

What is the Ninth Circuit's latest ruling on magazine bans in the Duncan v. Bont case?

The Ninth Circuit has again upheld California's ban on large capacity magazines in Duncan v. Bont. The court ruled that these magazines are accessories, not 'arms,' and therefore fall outside the Second Amendment's protection, a departure from its previous stance.

How did the Ninth Circuit's interpretation of the Second Amendment change in Duncan v. Bont?

In its initial review, the Ninth Circuit found the magazine ban implicated the Second Amendment. However, on rehearing, the court declared that large capacity magazines are not 'arms' but 'accessories,' thus not protected by the Second Amendment's text.

What is the Ninth Circuit's reasoning for excluding large capacity magazines from Second Amendment protection?

The court's reasoning is that firearms function as intended without large capacity magazines, classifying them as 'optional accessories' or 'accutraments' rather than 'arms' themselves. This distinction leads them to conclude possession falls outside the Second Amendment's scope.

What legal standard did the Ninth Circuit previously apply to magazine bans in Duncan v. Bont?

Previously, in Duncan v. Bont, the Ninth Circuit applied intermediate scrutiny to the magazine ban. They found it implicated the Second Amendment and imposed only a minimal burden on the core right to keep and bear arms.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from Washington Gun Law

View all →