This Note will examine and analyze the tests applied by federal courts that have heard similar cases, culminating with the recent decision in the Southern District of California, Duncan v. Becerra. In Part I, this Note provides the context surrounding the current bill being considered by Congress and examines Supreme Court and federal circuit court cases addressing this issue. Part II provides analysis of application of the tests applied by the federal courts. Part III argues that the Supreme Court should adopt Judge Benitez’s reasoning laid out in Duncan and apply his test to any Second Amendment challenge to an assault weapons ban.
Robert F. Brawner II, Assault on the Constitution: Why the Southern District of California Got it Right, 36 GA. ST. U. L. REV. ONLINE 16 (2019), https://readingroom.law.gsu.edu/gsulr/vol36/iss6/2