California Magazine Ban Struck Down & Ruled Unconstitutional By Judge Benitez! Duncan

[Racer X]

California Magazine Ban Struck Down & Ruled Unconstitutional By Judge Benitez! Duncan

here is the actual ruling https://michellawyers.com/wp-conten...ision-Signed-by-Judge-R.-Benitez2263869.1.pdf

[ame]https://www.youtube.com/watch?v=gnyss-VZd5s[/ame]

"One government solution to a few mad men with guns is a law that makes into
criminals responsible, law-abiding people wanting larger magazines simply to protect
themselves. The history and tradition of the Second Amendment clearly supports state
laws against the use or misuse of firearms with unlawful intent, but not the disarmament
of the law-abiding citizen. That kind of a solution is an infringement on the
Constitutional right of citizens to keep and bear arms. The adoption of the Second
Amendment was a freedom calculus decided long ago by our first citizens who cherished
individual freedom with its risks more than the subservient security of a British ruler or
the smothering safety of domestic lawmakers. The freedom they fought for was worth
fighting for then, and that freedom is entitled to be preserved still."

 

[Racer X]

Washington State hi-cap magazine ban motion for summary judgement was already scheduled for Oct 16th. It would be too much to hope for for this to cause an instant ruling in our favor, but it certainly can be used as legal justification. It isn't binding as it wasn't a 9th Circuit decision. That will come next. Oregon has something in the courtroom as I type this on their magazine ban, the state case.

 

[lihpster]

It's a start. Imagine if we could become the free coast again.

 

[GaryS]

This case was originally decided by Judge Roger Benitez in November of 2017. His decision was upheld by a three judge panel in the 9CA. The state appealed for an en banc rehearing by the 9CA, which was granted. The en banc panel overturned the lower courts ruling and upheld the law.

It was then appealed to SCOTUS where it sat until Bruen was decided. After Bruen SCOTUS granted cert, vacated the 9CA decision, and remanded it back to the 9CA for further proceedings "not inconsistent" with Bruen.

Judge Benitez has essentially re issued his original decision with a swipe at the 9CA added. He also granted a 10 day stay to allow the CA AG to notify all LE agencies in CA about the ruling. The AG will likely also appeal to the 9CA for another stay, but that is less likely to happen now.

Washington State hi-cap magazine ban motion for summary judgement was already scheduled for Oct 16th. It would be too much to hope for for this to cause an instant ruling in our favor, but it certainly can be used as legal justification. It isn't binding as it wasn't a 9th Circuit decision. That will come next. Oregon has something in the courtroom as I type this on their magazine ban, the state case.

 

[hkcavalier]

Washington State hi-cap magazine ban motion for summary judgement was already scheduled for Oct 16th. It would be too much to hope for for this to cause an instant ruling in our favor, but it certainly can be used as legal justification. It isn't binding as it wasn't a 9th Circuit decision. That will come next. Oregon has something in the courtroom as I type this on their magazine ban, the state case.

It would be nice. It might not do anything about the 'assault weapon' infringements, but we could get full-cap magazines once again.

 

[pasound]

A hope that common sense is about to prevail.

 

[ladder13]

 

[LoboGunLeather]

Baby steps first, then walking upright, then running.

 

[Bald1]

Hopefully NYs ban is next

 

[Racer X]

Hopefully NYs ban is next

One key here is if the 9th Circuit rules them unconstitutional, and the 7th Circuit in Illinois keeps ruling the way they do, SCOTUS will 99+% have to step in and decide, as this would creat a split circuit problem, where federal laws are different in different circuits.

And the 9th Circuit ruling on how injunctions are decided on 2A cases will all but guarantee that when this gets to them, the law is enjoined and unenforceable until ultimately decided. That ruling came down within the last 2 weeks (open carry in CA, eastern district of CA)

His analysis and responses to each one of CA's defenses were well researched and reasoned. In contrast to Judge Karen in Oregon, who was so unsystematic and all over the place, did everything wrong, applied Heller and Bruen wrong, and made up her own test methodology. Benitez gave them no sound excuse to overturn him. I'm sure they will try though.

 

[Racer X]

This case was originally decided by Judge Roger Benitez in November of 2017. His decision was upheld by a three judge panel in the 9CA. The state appealed for an en banc rehearing by the 9CA, which was granted. The en banc panel overturned the lower courts ruling and upheld the law.

It was then appealed to SCOTUS where it sat until Bruen was decided. After Bruen SCOTUS granted cert, vacated the 9CA decision, and remanded it back to the 9CA for further proceedings "not inconsistent" with Bruen.

Judge Benitez has essentially re issued his original decision with a swipe at the 9CA added. He also granted a 10 day stay to allow the CA AG to notify all LE agencies in CA about the ruling. The AG will likely also appeal to the 9CA for another stay, but that is less likely to happen now.

Judge Benitez specifically REQUIRED Bonta to notify all those tasked with enforcment of the ban of the unconstitutionality of the law. Put him on notice that he had to be proactive and swift. Great document, well reasoned and researched. Very hard to refute his ruling as there are no contradicting laws on the books.

And a stay from the 9th, after the Baird v Bonta ruling, now the 2A injunction criteria is very cut and dried in the 9th Circuit sure isn't likely.

Being in Washington, this whole thing makes me very happy, as well as for our neighbors south in Oregon.

 

[yeti]

Fantastic news! IL and NY can be next

 

[SAFireman]

It would be nice. It might not do anything about the 'assault weapon' infringements, but we could get standard magazines once again.

There, I fixed it for ya

 

[dockmurgw]

Soon after that decision was announced, I received this in an email from our Vermont Federation of Sportsmans Clubs. Yes, good news reverberates across the country.

"Just wanted to give an update on where we are with the pending lawsuit against Vermont's new 72-Hour-Waiting Period and the existing Magazine Ban.
We were in the process of finalizing our third draft of the Complaint, when along comes a dynamite decision from a certain Judge Benitez in the Federal District Court of Southern California.
Prior to the Bruen decision, Judge Benitez had ruled on a case called Duncan v Bonta, a case which challenged CA's magazine ban, a ban which Benitez found to be unconstitutional. CA appealed that ruling to the 9th Circuit Court of Appeals, where a 3-judge panel upheld Benitez's decision 2-1.
CA appealed that 3-judge decision to the full 9th Circuit, but prior to them taking it up: Along came the Bruen decision. The 9th Circuit then remanded the case back down to Benitez for his reconsideration under Bruen (I.E. they purposefully stalled for time as the 9th Circuit is known to be notoriously anti-2A).
The truth of the matter however is that Judge Benitez had essentially already applied the scrutiny dictated in the Heller & Bruen decisions, and you can gauge his anger in having to handle the case again - coming to the same conclusion - in how he wrote his decision issued on Friday, 9/22/23.
You can read that decision here, his logic is unquestionable and exceptionally well documented, and it is GREAT NEWS for our magazine challenge. It is tedious reading in places, but I guarantee it will make you smile if you, like me, do not support a mag ban."

 

[pasound]

Yea! Some progress, at least.

 

[Doug M.]

Hopefully the various decisions this nature will get our AG here in Washington slammed back in his shoes.

 

[Racer X]

Hopefully the various decisions this nature will get our AG here in Washington slammed back in his shoes.

court docket for 10/16 lists a hearing about a summary judgement on the magazine ban here in WA. I don't fully understand what weight a District Court judgement in CA carries in WA, other than both are federal 9th circuit.

 

[Magnum_PI]

Progress in the right direction. Glad to hear it.

 

[Glenn R. McMannly]

By bubba owns an M1A in Cali. He will be pleased to be able to own 20 round DBMs for it.

 

[Doug M.]

court docket for 10/16 lists a hearing about a summary judgement on the magazine ban here in WA. I don't fully understand what weight a District Court judgement in CA carries in WA, other than both are federal 9th circuit.

*
Not much, but as the weight of decisions tips toward a stricter understanding/application of Bruen, it gets harder for totalitarians like him to argue their silly positions.

An observant person in my locale will know my car - it is the one with the custom license plate from reading "Save Washington. Disbar Ferguson."