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

Published on September 24, 2022
Duration: 9:12

This video provides an expert analysis from a licensed California Second Amendment attorney on the 9th Circuit's decision to vacate and remand the Duncan v. Bonta magazine ban case. The ruling creates significant legal uncertainty regarding the possession of 'Freedom Week' magazines in California, potentially leaving millions in a legal gray area. The speaker anticipates swift action from Judge Benitez to clarify the situation.

Quick Summary

The 9th Circuit's decision to vacate and remand the Duncan v. Bonta magazine ban case has created significant legal uncertainty regarding 'Freedom Week' magazines in California. This ruling leaves owners in a legal gray area, potentially facing felony charges. Legal experts anticipate Judge Benitez will issue a swift clarification to resolve this ambiguity.

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 and remand the Duncan v. Bonta case has placed the legal possession of 'Freedom Week' magazines in California into legal limbo. The original ruling protecting these magazines is no longer in effect, creating uncertainty about potential felony charges for owners.

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

The 9th Circuit vacated Judge Benitez's ruling and remanded the case back to him to reconsider in light of the Supreme Court's 'Bruen' decision. This is seen by some as a procedural tactic to delay a final resolution on the constitutionality of the ban.

What is 'Freedom Week' in the context of California gun law?

'Freedom Week' refers to a specific period in California when individuals could legally purchase large-capacity magazines before a ban under Penal Code section 32310 was actively enforced. The legality of possessing magazines purchased during this time is now in question.

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

Legal experts anticipate Judge Benitez will likely issue a clarification or an emergency Temporary Restraining Order (TRO) soon. He is expected to expedite the remanded case, similar to past instances, to prevent millions of Californians from becoming felons overnight.

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