![]() ![]() ![]() SCOTUS kept the case alive pending their decision in NYSRPA v Bruen. The pro-gun forces – which included Gun Owners of California – appealed to the Supreme Court of the United States (SCOTUS). The 9th assigned the case to a 3-judge panel who agreed with Judge Benitez that the mag ban was unconstitutional.Īngered by this defeat, the State immediately asked for an 11-judge en banc panel who as expected, reversed the previous pro 2A decisions and sided with the State. This opened what became known as “Freedom Week” where Californians legally purchased between one and two million magazines.Ĭalifornia threatened to appeal the ruling to the 9th Circuit Court of Appeals, so Judge Benitez issued an order staying his decision from going into effect until all legal proceedings were completed, thus preventing the California government from banning any “Freedom Week” magazines. Knowing that the crazy 9th would use a different standard, Benitez ruled that it would still be unconstitutional regardless of what standard was used. He said that it violated the text, history and tradition of the Second Amendment using the test that Justice Scalia established in Heller v DC and was therefore unconstitutional. Initially, the case of Duncan v Becerra (ban on 10+ round magazines which originated from legislation and an initiative) went before Federal District Court Judge Roger T. If you have been following the “merry-go-round” that has been the life of Duncan v Bonta (formerly Becerra), it’s entirely possible that you have been confused. Benitez proved once again that he is ten steps ahead of the California government and its anti-gun leaders when he re-issued his ruling to protect “traditional” magazine owners from prosecution. ![]() On Monday, September 26, 2022, Judge Roger T. ![]()
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