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Virginia Duncan v. Rob Bonta

Citation: Not availableDocket: 19-55376

Court: Court of Appeals for the Ninth Circuit; November 29, 2021; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In a case challenging the constitutionality of California Penal Code section 32310, which bans the possession of large-capacity magazines, the en banc court reversed the district court's summary judgment favoring the plaintiffs. The plaintiffs claimed the statute violated the Second Amendment, the Takings Clause, and the Due Process Clause. The court employed a two-step framework for Second Amendment analysis, assuming the law implicates the right to bear arms and then applying intermediate scrutiny. The court ruled that the statute imposes a minimal burden on the right to bear arms, as it does not outright ban any firearms but restricts magazine capacity. The court supported the statute as a reasonable measure to mitigate gun violence, particularly in mass shooting incidents where large-capacity magazines have been commonly used. It found that the ban is justified and does not constitute a taking since owners can modify or sell their magazines. The due process claim was rejected on similar grounds. Several judges expressed differing views on the appropriate analytical framework, with some advocating for a historical approach and others supporting the two-step scrutiny framework. The court ultimately remanded the case for a judgment in favor of Defendant Rob Bonta, Attorney General of California.

Legal Issues Addressed

Historical and Textual Analysis of Second Amendment

Application: Judge Berzon critiqued the dissent's 'text, history, and tradition' approach, favoring the two-step scrutiny framework as it provides a comprehensive analysis that includes historical context.

Reasoning: Judge Berzon, joined by several other judges, addressed Judge Bumatay’s dissent advocating a 'text, history, and tradition' approach to Second Amendment claims.

Justification for Large-Capacity Magazine Ban

Application: The court justified the ban as a reasonable measure to reduce gun violence and mass shooting casualties, noting the correlation between large-capacity magazines and mass shootings.

Reasoning: Thus, the ban is justified as a reasonable measure to reduce gun violence and mass shooting casualties.

Second Amendment and Intermediate Scrutiny

Application: The court applied intermediate scrutiny to California Penal Code section 32310, concluding that the statute imposes a minimal burden on the right to bear arms, as it does not prohibit any firearms but limits magazine capacity.

Reasoning: The court concluded that the law imposes only a minimal burden on the right to bear arms, as it does not prohibit any firearms but limits magazine capacity.

Takings Clause and Due Process

Application: Section 32310 was held not to constitute a taking, as it does not deprive owners of all economic use of their magazines, since they can modify or sell them. The plaintiffs’ due process claim was dismissed for similar reasons.

Reasoning: Section 32310 does not constitute a taking, as it does not deprive owners of all economic use of their magazines, since they can modify or sell them. Plaintiffs' due process claim was dismissed for similar reasons as the takings claim.

Two-Step Framework for Second Amendment Challenges

Application: The court applied a two-step scrutiny framework, initially determining whether the law implicates the Second Amendment, and subsequently applying intermediate scrutiny.

Reasoning: The court applied a two-step framework to assess the Second Amendment challenge and, assuming the law implicates the Second Amendment, determined that intermediate scrutiny was appropriate.