Magazine Ban Fails!

[Lawdog Dago Dom]

Here's hoping the dominoes are starting to fall.

 

DC’s Highest Court Strikes Down Ammo Magazine Ban | The Reload

[Eyesa Horg]

🤞that this will eliminate the mag bans in Vermont eventually as well. A good start!

[Chantry]

58 minutes ago, Eyesa Horg said:

🤞that this will eliminate the mag bans in Vermont eventually as well. A good start!

 

Not yet, this is going to the Supreme Court since there are different rulings in different Federal judicial districts.  Who knows how long that will take and the the full DC Court could over rule the 3 judge decision.  Skimmed the dissent.  Weak argument.

 

[Subdeacon Joe]

YAWN!!!!!

 

Go to en banc, en banc will uphold law, appeal to to SCOTUS, SCOTUS will sit on it for a while before getting around to denying cert.

 

Yes, I'm rather cynical. 

[Crazy Gun Barney, SASS #2428]

Yup, been there and done that and waiting for Scotus....  Duncan vs bonta.

[John Kloehr]

36 minutes ago, Crazy Gun Barney, SASS #2428 said:

Yup, been there and done that and waiting for Scotus....  Duncan vs bonta.

If you do not follow it already, I post the 2A-related results from each conference in this thread (now on page 3) in the Team SASS section:

 

 

[PowderRiverCowboy]

Now do NFA and Hearing protection act , Red flag Bondi will not like them 

[Subdeacon Joe]

26 minutes ago, John Kloehr said:

If you do not follow it already, I post the 2A-related results from each conference in this thread (now on page 3) in the Team SASS section:

 

 

 

Just kicking the can down the road. 

 

https://www.scotusblog.com/cases/case-files/duncan-v-bonta-2/

 

"

03/02/2026

DISTRIBUTED for Conference of 3/6/2026."

[John Kloehr]

52 minutes ago, Subdeacon Joe said:

 

Just kicking the can down the road. 

 

https://www.scotusblog.com/cases/case-files/duncan-v-bonta-2/

 

"

03/02/2026

DISTRIBUTED for Conference of 3/6/2026."

Maybe they are waiting on the pending ruling out of the 3rd circuit for Cheeseman v Platkin, the NJ AWB suit. The 3rd might rule in favor of the plaintiffs creating the needed true circuit split.

[Chantry]

I think there is a mindset at SCOTUS that if they are going to take a really significant case that will have a dramatic impact on the country as well as a dramatic political impact, they want to take the right case, one that would result in a decision very hard to be overturned by a future court.

[John Kloehr]

I'm hoping so. Duncan was GVRed and has gone through the full gauntlet short of cert twice. It is a magazine ban. Some of the other cases are wither at preliminary stages or deal with only magazines or only AWBs. Cheeseman is fully briefed, includes both AWBs and LCMs, and is only waiting on a ruling from the en banc panel.

 

My main fear at this point is that any of the cases are denied cert. Duncan is in conference for the 8th time. If there was a desire to wait for Cheeseman, there is no clear reason to bring any of the cases to conference this week or last week.

[Rye Miles #13621]

Hope it catches on everywhere! Magazine bans are unconstitutional! 

[J.D. Daily]

5 hours ago, Chantry said:

 

Not yet, this is going to the Supreme Court since there are different rulings in different Federal judicial districts.  Who knows how long that will take and the the full DC Court could over rule the 3 judge decision.  Skimmed the dissent.  Weak argument.

 

Since the plaintiff is DC like in Heller the DOJ represents the City of DC; so, the US Attorney for DC will make the decision to request en banc review.  US Attorney Jeanine Piro has stated she will not prosecute non-felon "High Capacity Magazine" possession cases.  I doubt the DOJ will ask for en banc rehearing; because, appealing to SCOTUS would likely force SCOTUS to grant certiorari due to circuit court merits opinion splits.  Requesting en banc rehearing contradicts statements made by the DC US Attorney & would have a high probability of reversing the 3 judge panel's ruling.  This would likely delay the date that SCOTUS will relegate magazine capacity limit laws & regulations to the Dustbin of History.  With a circuit split SCOTUS will place the magazine cases on the Oct 2026-June 2027 court calendar.   

P.S. Unlike the may issue conceal carry case out of DC circuit & IL conceal carry ban out of the 7th the that preceded by many years NYSRPA v. Bruen there is no way state governors or AG's that have magazine laws the Trump DOJ can be persuaded to conspire with them to continue to violate the 2nd Amendment rights of residents of these states. 

 

[Blackwater 53393]

19 minutes ago, J.D. Daily said:

Since the plaintiff is DC like in Heller the DOJ represents the City of DC; so, the US Attorney for DC will make the decision to request en banc review.  US Attorney Jeanine Piro has stated she will not prosecute non-felon "High Capacity Magazine" possession cases.  I doubt the DOJ will ask for en banc rehearing; because, appealing to SCOTUS would likely force SCOTUS to grant certiorari due to circuit court merits opinion splits.  Requesting en banc rehearing contradicts statements made by the DC US Attorney & would have a high probability of reversing the 3 judge panel's ruling.  This would likely delay the date that SCOTUS will relegate magazine capacity limit laws & regulations to the Dustbin of History.  With a circuit split SCOTUS will place the magazine cases on the Oct 2026-June 2027 court calendar.   

P.S. Unlike the may issue conceal carry case out of DC circuit & IL conceal carry ban out of the 7th the that preceded by many years NYSRPA v. Bruen there is no way state governors or AG's that have magazine laws the Trump DOJ can be persuaded to conspire with them to continue to violate the 2nd Amendment rights of residents of these states. 

 

We can certainly hope!!

 

If DOJ refuses to request the en banc review, this becomes law in DC??  
 

That would set serious precedent in future cases!!

[J.D. Daily]

1 hour ago, John Kloehr said:

I'm hoping so. Duncan was GVRed and has gone through the full gauntlet short of cert twice. It is a magazine ban. Some of the other cases are wither at preliminary stages or deal with only magazines or only AWBs. Cheeseman is fully briefed, includes both AWBs and LCMs, and is only waiting on a ruling from the en banc panel.

 

My main fear at this point is that any of the cases are denied cert. Duncan is in conference for the 8th time. If there was a desire to wait for Cheeseman, there is no clear reason to bring any of the cases to conference this week or last week.

When The DC Circuit's merits ruling is final the circuit split would likely force SCOTUS to add US v. Bension to the Oct 2026 through June 2027 calendar.  Of course SCOTUS could wait until the 3rd Circuit en banc panel hears the case & publishes their opinion to grant certiorari.  However, if the 3rd circuit pulls a delaying tactic and delays ruling until the 2026-2027 calendar if full or SCOTUS's unpublished max 2nd Amendments case per session is reached it maybe as late as last week of June 2028 which like with Hobbs v. Jackson Women's Health Org. likely will effect the Nov election.  Not as much as Hobbs; because, unlike the "My body my choice" voters who support "Evil Black Rifle" bans & magazine capacity limits are much less likely to punish republican candidates because, these bans aren't dogma of their non secular religion.

[watab kid]

we can hope but life has wa way of disappointing , the second should be a federal prevue - no state deviance , there is a reason it was the second