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Duncan v. Becerra (U.S. Court of Appeals, Ninth Circuit, August 14, 2020): The Ninth Circuit held California’s near-categorical large capacity magazine (LCM) ban violated the 2nd Amendment of the U.S. Constitution. California Rifle & Pistol Association, Inc. and several LCM supporters sued California Attorney General, Xavier Becerra. They alleged that (1) California’s ban struck at the core of the 2nd Amendment’s right to armed self-defense; and (2) the COVID-19 pandemic aggravates the need for self-defense, especially as the Asian-American community has become a target of physical attacks. The appellate court reasoned that the law struck at the heart of the 2nd Amendment by banning LCMs within the home, and that the near-categorical nature of the ban substantially burdened core rights to keep and bear arms. Applying strict scrutiny analyses, the Ninth Circuit found state interests compelling, but concluded that the law was not narrowly tailored to achieving those interests. Read the full opinion here.  

View all cases in the Judicial Trends in Public Health – November 16, 2020.

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