Saturday, October 01, 2022

Judge Benitez Issues Time Limits for Breifs in Californa Magazine Case (Duncan v Bonta)

Senior Judge Rodger T. Benitez 

This famous case started as Duncan v. Becerra.  Judge Benitez found California's ban on magazines that hold more than 10 rounds of ammunition to be unconstitutional on its face. On March 29, 2017, Judge Benitez issued an injunction preventing enforcement of the ban. In the week that followed, hundreds of thousands, perhaps millions, of magazines were sold to California residents who had been deprived of their Second Amendment rights. 

The week of March 29, 2017 to April 5, 2017, has become known as Freedom week.

The name of the case changed as the name of the California AG changed.

Subsequent court actions reversed the injunction, upheld Judge Benitez' opinion, reversed the three judge panel with an en banc hearing, and appealed the en banc hearing to the Supreme Court. On June 22, 2022, the Supreme Court issued its decision on the Bruen case. On June 29, the Supreme Court vacated the decision by the Ninth Circuit en banc on Duncan v. Bonta, and sent it back to the Ninth Circuit to be re-decided. 

The Ninth Circuit sent the case back to Judge Rodger T. Benitez. 

Judge Benitez is following proper procedure. He is not allowing delays.

On September 26, 2022, Judge Roger T. Benitez of the District Court for the southern District of California issued an order as to the timing for briefs on the now Duncan v. Bonta case.

From the District Court for the Southern District of California, Judge Roger T. Benitez:

On June 29, 2017, this Court preliminarily enjoined enforcement of California Penal Code § 32310 (c) & (d) requiring persons to dispossess themselves of magazines able to hold more than 10 rounds lawfully acquired and possessed. The preliminary injunction was affirmed on appeal. Duncan v. Becerra, Appeal No. 17-56081 (9th Cir. July 17, 2018). On March 29, 2019, on summary judgment, this Court concluded that California Penal Code § 32310 is unconstitutional. On April 4, 2019, this Court made the preliminary injunction on subsections (c) and (d) permanent but stayed, pending appeal, the injunction of § 32310 (a) & (b).

This Court was again affirmed on appeal. Duncan v. Becerra, Appeal No. 19-55376 (9th Cir. Aug. 14, 2020). The Ninth Circuit granted rehearing en banc, vacated its opinion, and entered an opinion reversing the judgment of this Court.Duncan v. Bonta, Appeal No. 19-55376 (9th Cir. Nov. 30, 2021). The United States Supreme Court granted certiorari and vacated the opinion of the Ninth Circuit and remanded for further consideration. Duncan v. Bonta, No. 21-1194, 142 S. Ct. 2895 (June 30, 2022). The Ninth Circuit now remands the case to this Court for further proceedings in light of New York State Rifle & Pistol Assn., Inc. v. Bruen, 142 S. Ct. 2111 (2022) and the mandate has issued.

This Court hereby spreads the mandate upon the minutes of this Court. 

The Defendant shall file any additional briefing that is necessary to decide this case in light of Bruen within 45 days of this Order. Plaintiffs shall file any responsive briefing within 21 days thereafter. This Court will then decide the case on the briefs and the prior record or schedule additional hearings.

The previously entered preliminary injunction enjoining enforcement of California Penal Code § 32310 (c) and (d) for magazines able to hold more than ten rounds shall remain in effect for all those who previously acquired and possessed magazines legally (including those persons and business entities who acquired magazines between March 29, 2019 and April 5, 2019), pending further Order of this Court. Dated: September 26, 2022 

The 45 days to file briefs ends on November 10th, by my calculations; the time given for response briefs ends on November 30th. 

The Miller v. Bonta case briefs will have been in and responded to about a month earlier, at the end of October. 

Miller v. Bonta and Duncan v. Bonta are closely related cases about restoring Second Amendment rights.


©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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1 comment:

ScienceABC123 said...

This nonsense is only going to end one of two ways: either the US Supreme Court finally rules all gun control laws are unconstitutional, or a second Civil War. I hope for the former, but fear it will be the latter.