The Duncan v. Bonta lawsuit, originally filed to challenge California’s ban on large-capacity magazines, has grown into one of the most important Second Amendment cases in the country. In a recent video update on CRPA TV, California Rifle & Pistol Association (CRPA) President Chuck Michel joined host Kevin Small to explain why this case is now front and center for the U.S. Supreme Court.
With a freshly granted extension to file their petition for review, now due July 18, 2025, Michel and his legal team are preparing a filing packed with new Supreme Court dissents, statements, and precedents that could give Duncan v. Bonta the edge it needs to finally be heard by the high court.
Why the Delay? The Court Just Gave Them Ammunition
The CRPA didn’t just randomly ask for more time – they had a strategic reason. According to Michel, “So much happened in the Supreme Court last week” that they needed time to incorporate these developments into their petition.
This includes multiple dissents and a strong statement by Justice Brett Kavanaugh criticizing lower courts for ignoring the landmark Bruen ruling. These new pieces of judicial opinion directly support the idea that SCOTUS needs to step in and clarify how the Second Amendment should be interpreted. Timing, in this case, is everything.
Kavanaugh and Alito Drop Major Hints
In a clear sign of brewing frustration within the high court, Justices Kavanaugh, Alito, and others have recently expressed concern that lower courts, particularly the Ninth Circuit, are dodging the clear guidance set out in the New York State Rifle & Pistol Association v. Bruen decision.
As Michel explained, these justices are effectively begging the court to take a Second Amendment case with a solid record. “They needed to take an AR-15 case and clarify the methodology,” Michel said, referring to the legal framework outlined in Bruen that many judges have been slow to adopt or are outright misapplying.
The Common Use Argument Gets a Boost
A central argument in Duncan v. Bonta is that large-capacity magazines, like 30-round AR-15 mags, are in “common use” and thus protected under the Second Amendment. That idea just got more support – this time from an unexpected place.
Michel pointed out that in the recent Mexico v. Smith & Wesson case, the Supreme Court unanimously acknowledged that AR-15s are the most commonly owned rifles in America used for lawful purposes. That undercuts one of the state’s main talking points – that certain guns or accessories can be banned simply because they’re sometimes used by criminals.
Duncan’s Secret Weapon: A Full Trial Record
One major thing sets Duncan v. Bonta apart from other Second Amendment cases: it has a fully developed trial record. As Michel emphasized, “There was a trial with evidence, with expert testimony.” That means it’s not just a paper case based on legal theory. It has real-world data, testimony, and judicial findings.
That detail matters more than people think. In other cases, like the Illinois assault weapon ban challenge, the courts have used the lack of a robust record as a reason to uphold restrictions. Duncan has already cleared that hurdle. It’s trial-tested and ready for the spotlight.
A Race Between Duncan and Illinois?
Michel noted that Duncan v. Bonta is now competing for SCOTUS attention with a similar Illinois case that also challenges a semi-auto ban. However, the Illinois case is still being briefed and argued in the lower courts, while Duncan is already teed up for Supreme Court review.
“It’s at the front of the pack,” Michel said. In other words, Duncan has a real shot at being the next big Second Amendment case on the Supreme Court’s docket. And if it is heard, it could bring massive nationwide consequences for magazine bans and so-called “assault weapon” laws.
What Happens After July 18?
So when will we know if the Supreme Court takes the case? Not right away. As Kevin Small explained, the Court’s current term ends in late June. Once the petition is filed by July 18, it will go into the Court’s hopper for review during the 2025–2026 term, which begins in October.
Even then, it might not be fast. Michel recalled how another recent Second Amendment case, Snope, was “relisted 15 times” before the Court finally decided not to take it. So while Duncan may be the best vehicle for the court, it still faces the slow churn of SCOTUS deliberations.
Why SCOTUS Can’t Ignore Duncan Much Longer
What makes Duncan especially hard to ignore is how it checks every box. It’s been litigated for nearly a decade. It has survived hostile courts, gone up and down the system multiple times, and now carries the support of powerful legal statements from sitting justices.
“If SCOTUS is looking for the right vehicle,” Small said, “Duncan is it.” Michel added that this case doesn’t just affect California. If the Court takes it up and rules in favor of the plaintiffs, it could overturn magazine bans in New Jersey, Hawaii, Maryland, Massachusetts, and beyond.
Duncan Is the Litmus Test
What’s fascinating here is how Duncan v. Bonta has turned into a mirror for the entire country’s Second Amendment debate. California’s aggressive restrictions have made it ground zero, and this case is no longer just about magazines. It’s about whether lower courts are allowed to ignore Supreme Court precedent with impunity.
The Justices seem to know that. Kavanaugh, Alito, and others aren’t just dissenting – they’re calling out their own colleagues for refusing to enforce Bruen. That kind of open disagreement among justices is rare and signals how much pressure is building inside the court.
How Gun Owners Can Help
CRPA President Chuck Michel made it clear: lawsuits like Duncan don’t happen without public support. “We give them our lowest nonprofit rates,” he said, “but we still need resources.” Whether you live in California or not, joining CRPA helps fund the very legal work that could strike down bans in your own state.
If Duncan wins, it could lead to a tidal wave of Second Amendment victories across the U.S., from coast to coast. That’s why CRPA is encouraging everyone, especially out-of-staters, to get involved before the July 18 deadline.
A Supreme Opportunity in 2025
To wrap it up, Duncan v. Bonta is no longer just a California case – it’s a national test of whether the Supreme Court will enforce its own precedents and rein in rogue lower courts. With a full trial record, widespread implications, and clear support from high-level justices, Duncan is shaping up to be the case SCOTUS can no longer dodge.
The next few months will be critical. If the Court agrees to hear it, we could see a historic ruling on the scope of the Second Amendment sometime in 2026. Until then, all eyes are on the July 18 filing – and what the justices decide to do with it.
Growing up in the Pacific Northwest, John developed a love for the great outdoors early on. With years of experience as a wilderness guide, he’s navigated rugged terrains and unpredictable weather patterns. John is also an avid hunter and fisherman who believes in sustainable living. His focus on practical survival skills, from building shelters to purifying water, reflects his passion for preparedness. When he’s not out in the wild, you can find him sharing his knowledge through writing, hoping to inspire others to embrace self-reliance.