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DUNCAN v BONTA: California's Emergency Motion to 9th Circuit in Benitez MAG Case Looks Like a LOSER

DUNCAN v BONTA: California's Emergency Motion to 9th Circuit in Benitez MAG Case Looks Like a LOSER

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Published on September 27, 2023
Duration: 31:13

This video analyzes Duncan v. Bonta, focusing on California's emergency motion to the 9th Circuit regarding Judge Benitez's ruling that the state's magazine ban is unconstitutional. Mark Smith of Four Boxes Diner discusses the legal merits of California's motion, highlighting perceived weaknesses in their arguments related to Second Amendment standards, historical analogues, and the "in common use" test. The discussion touches on SCOTUS precedent, the burden of proof on the government, and the distinction between inferior and superior courts in legal proceedings.

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