Duncan v. Bonta Round 2 is OUT!

[SonicBlue03]

#149 in Duncan v. Becerra (S.D. Cal., 3:17-cv-01017) – CourtListener.com

Decision. Signed by Judge Roger T. Benitez on 9/22/2023.(ddf) (Entered: 09/22/2023)

www.courtlistener.com

This 100% has implications in 114 and literally everything else. Next up will be Ninth Circuit.

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[Droo]

 

[SonicBlue03]

Saint Benitez just took a chainsaw to Newsome and the Dems. Ninth Circuit is not going to like this write-up, but they've been signalling that they're hostage to Bruen so.....gonna get super interesting.

I hope the 114 attorneys see this and bring it to bear in their discussion on Monday.

Edit: I'm still churning through all 71 pages, but every single page is a must-read. Skip to the end for the happy ending, but read the whole thing to appreciate how beautiful this takedown is.

 

[Ura-Ki]

GAME phuckin On! Way to go Judge!

 

[Sporting Systems]

Another superb opinion from Benetiz.

 

[ilikegunspdx]

So immergut says mag ban in 9th circuit is constitutional, Benitez says it's not. Seems like 9th circuit will have to rule on this since there is a conflict between the courts? Perhaps this is why Benitez waited. It seems to force a 9th decision that will likely be appealed to scotus after the 9th ruling.

Meanwhile WA state dealer being prosecuted for it. Crazy bullbubblegum from the anti-gun WA state socialist government.

 

[VinnieBoomBah]

Standard capacity banana happy dance time!

 

[CamoDeafie]

So immergut says mag ban in 9th circuit is constitutional, Benitez says it's not. Seems like 9th circuit will have to rule on this since there is a conflict between the courts? Perhaps this is why Benitez waited. It seems to force a 9th decision that will likely be appealed to scotus after the 9th ruling.

Meanwhile WA state dealer being prosecuted for it. Crazy bullbubblegum from the anti-gun WA state socialist government.

Maybe. 9th Circus may simply just not hear the cases even then, SCOTUS may simply not hear cases from 9th Circus either. Edit; 9th Circuit could just not decide, in order for the other States and Districts mag bans to stay in place until SCOTUS rules if at all.

 

[VinnieBoomBah]

Maybe. 9th Circus may simply just not hear the cases even then, SCOTUS may simply not hear cases from 9th Circus either. Edit; 9th Circuit could just not decide, in order for the other States and Districts mag bans to stay in place until SCOTUS rules if at all.

Or they may just reach out and grab it for a hearing no matter what CA and the 9th do. And before anyone says 'they don't do that' I would point out they have done more than a few things of late that "they don't do"

 

[CamoDeafie]

Or they may just reach out and grab it for a hearing no matter what CA and the 9th do. And before anyone says 'they don't do that' I would point out they have done more than a few things of late that "they don't do"

"They" being whom?

 

[ilikegunspdx]

Just saw on the news convoy of trucks filled with magazines headed for cali...



(j/k)

 

[SonicBlue03]

Or they may just reach out and grab it for a hearing no matter what CA and the 9th do. And before anyone says 'they don't do that' I would point out they have done more than a few things of late that "they don't do"

They could, although I think they're going to give the Ninth a chance to do the right thing. Some of it allowing them to atone, and some of it to humiliate them a bit.

 

[VinnieBoomBah]

"They" being whom?

TSCOTUS

 

[CamoDeafie]

Before people get their hopes too high for it to apply to the 9th, maybe even nationally (NY, NJ, IL, MA, CT, CO, etc al); let me remind y'all the makeup of the current SCOTUS.


3 Justices who will likely uphold mag bans, and other Statist stuff;
Jackson
Kagan
Sotomayor

2 Justices who will be most likely strike mag bans down
Alito
Thomas

3 Justices who may side with the two above;
Gorsuch-likely side with Thomas and Alito
Kavanaugh-may swing to other side
Barrett-may swing to other side

1 Justice who officially is "conservative" but often sides with the Statists/Liberal Justices

Roberts


So there's basically 3-3 split with 3 wild cards.

 

[Koda]

just seems so weird that probably the most clearly written constitutional law comes down to the opinion of a couple of judges....

 

[CamoDeafie]

just seems so weird that probably the most clearly written constitutional law comes down to the opinion of a couple of judges....

Been that way since Miller

 

[ferret427]

Sorry if this has been posted, or if I put the link in wrong. Here's the court decision.

https://cdn0.thetruthaboutguns.com/...ision-Signed-by-Judge-R.-Benitez2263869.1.pdf

 

[Stomper]

Court CRUSHES Magazine Ban! Protected By 2nd Amendment California Now off to Appeal Duncan v. Bonta

Court CRUSHES Magazine Ban! Protected By 2nd Amendment California Now off to Appeal Duncan v. BontaLink to Duncan v. Bontahttps://cdn0.thetruthaboutguns.com/...

www.youtube.com

 

[The Heretic]

 

[DivCurlGrad72]

Sorry if this has been posted …

It has:

Duncan v. Bonta Round 2 is OUT!

https://www.courtlistener.com/docket/6082773/149/duncan-v-becerra/ This 100% has implications in 114 and literally everything else. Next up will be Ninth Circuit.

www.northwestfirearms.com

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