A challenge to California's "high capacity" magazine ban is still alive before the nation's high court and has been distributed to the justices for consideration. 

Duncan v. Bonta, formerly Duncan v. Becerra, has been working its way through the federal court system since July 2017 and has seen some success, including a 2023 ruling in which U.S. District Court Judge Roger Benitez found the ban to be unconstitutional. However, an en banc court of the U.S. Ninth Circuit this March overturned Benitez's ruling, setting up an appeal by the plaintiffs to the U.S. Supreme Court. 

Last week, the high court formally distributed the case for consideration at a court conference, which is a key step to moving forward. 

"The justices are scheduled to consider the case at their Nov. 21 conference, where they may decide whether to grant review," said Chuck Michel, an attorney for the petitioners, in an email to Guns.com. "The Court could have denied the petition outright, but instead it placed Duncan into active consideration – an encouraging development for all who support the Second Amendment. This means the case is now squarely before the Court – a major step forward for what could become the next landmark Second Amendment decision."

The case is garnering lots of attention.

Since being docketed with the Supreme Court in August, Duncan has received multiple amicus briefs from supporters, including Attorneys General from 27 states, Gun Owners of America, the National Shooting Sports Foundation, Second Amendment Foundation, National Association for Gun Rights, and others. The California Rifle and Pistol Association is a petitioner in the case.