Videos tagged with En Banc Review

The Duncan v. Bonta case, challenging California's magazine ban, is under Supreme Court consideration. A key argument for review, based on the US v. Benson ruling striking down a similar DC ban, has been undercut by the DC Court of Appeals granting an en banc rehearing in Benson. This shifts the legal landscape, potentially influencing the Supreme Court's decision to grant or deny certiorari for Duncan.

The DC Court of Appeals has granted an en banc rehearing in the Benson case, vacating the prior ruling that struck down Washington D.C.'s ban on magazines holding more than 10 rounds. This means the full court will now reconsider the constitutionality of the ban and the previous remedy. The Trump administration's petition for rehearing is cited as the catalyst for this development, which delays any immediate impact of the original ruling and allows the district another opportunity to defend its law.

This video discusses the United States Department of Justice's (DOJ) unexpected request for an "en banc" review in the Benson v. United States case, which challenged the District of Columbia's magazine ban. The DOJ's involvement is seen as a "backstab" to a potential win for gun owners, as they are now seeking to overturn or modify the ruling that found the ban unconstitutional. The speaker expresses disappointment and confusion over the DOJ's stance, particularly Janine Piro's role, and questions the department's consistency regarding Second Amendment rights.

This video analyzes a significant legal development where the US Attorney's Office for DC agreed to an en banc rehearing of the Benson case concerning DC's ban on large-capacity magazines. While agreeing the ban is unconstitutional, the office disputes the broad remedy granted by a previous panel, arguing it improperly dismisses charges related to firearm registration and licensing. The analysis delves into the nuances of facial versus as-applied legal challenges and their implications for Second Amendment jurisprudence.

This video discusses the District of Columbia's legal challenges and appeals in the Benson v. United States case, focusing on the court's denial of the District's requests for en banc review and expedited proceedings. The analysis highlights the court's reasoning that the District's own non-compliance with firearm registration and licensing requirements for magazines over 11 rounds is the root cause of its perceived enforcement issues, rather than the Benson ruling itself.

This video provides a critical update on the Benson case, where the DC Court of Appeals ruled a ban on magazines holding more than 10 rounds unconstitutional. DC's attempts to expedite a reversal and block the ruling were denied by the court, indicating it is not being treated as an emergency. Judge Dale's statement pushes back against DC's claims of a public safety crisis, citing existing prevalence of such magazines and the district's own enforcement policies. A dissent by Chief Judge Blackburn Riggsby argued for expedited review due to a potential circuit split and public safety concerns, but the majority denied the emergency motions, leaving the Benson ruling as binding precedent for now.

This video discusses the significant legal victory in Benson v. United States, where the DC Court of Appeals ruled that magazines holding more than 10 rounds are protected by the Second Amendment. The court denied the District of Columbia's motion to expedite their petition for rehearing en banc, effectively allowing the original decision to stand as precedent. This ruling creates a split of authority among federal courts, increasing the likelihood of a US Supreme Court review. The speaker, Mark Smith, a constitutional attorney and Supreme Court Bar member, breaks down the legal arguments and implications for gun rights in America.

This video discusses the legal battle surrounding the District of Columbia's ban on large-capacity magazines (LCMs) holding more than 10 rounds, specifically in the context of the Benson v. United States case. The DC Court of Appeals ruled this ban unconstitutional, creating a split of authority. The District of Columbia is now seeking an en banc review to overturn this decision, which the speaker argues is a desperate attempt to save a gun control law that could be struck down nationwide. The speaker analyzes the arguments presented in DC's petition, highlighting perceived weaknesses and contrasting them with established Second Amendment jurisprudence.

This video discusses the significant legal development in the Rode v. Bont case concerning California's ammunition background check system. It highlights the selection of an 11-judge en banc panel for the Ninth Circuit Court of Appeals, noting a majority of Republican-appointed judges, which is seen as a positive sign for Second Amendment advocates. The discussion also touches upon the legal basis for challenging such laws and the historical trend of the Supreme Court striking down state-level firearm restrictions.

This video from Washington Gun Law, hosted by William Kirk, analyzes the legal fallout from the Benson v. United States case, where the DC Court of Appeals struck down Washington D.C.'s magazine ban. Kirk details the District's attempts to suspend the ruling's precedential status and argues against the perceived 'chaos' claimed by gun control advocates. The discussion highlights the significance of this ruling as the sole appellate decision in the U.S. to strike down an LCM prohibition and explores the broader implications for firearm laws.

This video discusses the DC Court of Appeals ruling in Benson v. DC, which found the district's ban on magazines holding more than 10 rounds unconstitutional under the Second Amendment. The ruling is based on the Bruen decision's text, history, and tradition analysis, emphasizing that arms in common use for lawful purposes cannot be deemed dangerous and unusual. The video highlights DC's emergency motion for en banc review, signaling significant opposition and potential for further legal battles, possibly reaching the Supreme Court.

This video details the Ninth Circuit's ruling in Baird v. Bonta, which initially favored gun owners by challenging California's open-carry ban in populous counties. It explains the legal reasoning based on the Bruen standard and the subsequent "bizarre turn" where the winning side petitioned for an "en banc" review, seeking to expand the ruling's scope, creating significant legal uncertainty.