9th Circuit Defies Supreme Court & Removes Freedom Week Magazine Protections!!!

Published on September 24, 2022
Duration: 9:12

The 9th Circuit has vacated and remanded the Duncan v. Bonta California magazine ban case, creating legal uncertainty regarding the possession of 'Freedom Week' magazines. This decision, stemming from the Supreme Court's remand after the Bruen decision, means Judge Benitez's previous ruling deeming the ban unconstitutional is no longer in effect. The speaker, a licensed California Second Amendment attorney, anticipates Judge Benitez will seek clarification or issue an emergency TRO to prevent millions of Californians from becoming felons.

Quick Summary

The 9th Circuit has vacated and remanded the Duncan v. Bonta California magazine ban case, creating legal uncertainty regarding 'Freedom Week' magazines. This means Judge Benitez's prior ruling deeming the ban unconstitutional is no longer active, leaving possession in a state of legal limbo.

Chapters

  1. 00:009th Circuit Vacates Magazine Ban Ruling
  2. 00:54Implications of the Vacating Decision
  3. 01:44Duncan v. Bonta Case Background
  4. 02:34Appeals and Supreme Court Intervention
  5. 03:25Current Legal Status and Limbo
  6. 05:42The 2017 Preliminary Injunction
  7. 06:41Anticipated Next Steps by Judge Benitez

Frequently Asked Questions

What is the current legal status of 'Freedom Week' magazines in California after the 9th Circuit's ruling?

The 9th Circuit's decision to vacate Judge Benitez's ruling has placed the legal possession of 'Freedom Week' magazines in California into legal limbo. The original judgment that allowed their purchase is no longer in effect, creating uncertainty about their legality.

Why did the 9th Circuit vacate Judge Benitez's ruling on California's magazine ban?

The 9th Circuit vacated and remanded the Duncan v. Bonta case to Judge Benitez for reconsideration following the Supreme Court's directive after the Bruen decision, which requires new legal standards to be applied.

What are the anticipated next steps in the Duncan v. Bonta case?

It is anticipated that Judge Benitez will likely request clarification or issue an emergency TRO. He is expected to expedite the case to resolve the legal status of 'Freedom Week' magazines and prevent millions of Californians from becoming felons.

Does a 2017 preliminary injunction still offer protection for magazine possession in California?

Yes, a 2017 preliminary injunction granted by Judge Benitez against parts of California's magazine ban was upheld by the 9th Circuit. This injunction technically protects individuals with grandfathered magazines and likely those who acquired 'Freedom Week' magazines from prosecution.

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