DUNCAN V. BECERRA!!! Ninth Circuit Out of Time???

Published on September 25, 2020
Duration: 7:03

This video provides a detailed update on the Duncan v. Bacerra case, often referred to as the 'Freedom Week 1.0' case, focusing on the procedural timeline for an en banc review by the Ninth Circuit. The speaker, an expert in firearms law, clarifies common misconceptions about the 21-day period for rehearing decisions, explaining how the filing of a response brief alters the calculation of deadlines. The update aims to inform viewers about the current status and potential next steps in the legal challenge to California's magazine ban.

Quick Summary

The Duncan v. Bacerra case, also known as Freedom Week 1.0, is undergoing en banc review by the Ninth Circuit. The traditional 21-day deadline for rehearing decisions was altered by the filing of a response brief, shifting the potential decision date to 14 days after the brief's circulation, approximately October 2, 2020.

Chapters

  1. 00:00Duncan v. Bacerra Case Update
  2. 00:17Support for Second Amendment & Franklin Armory
  3. 00:46The 21-Day Period Explained
  4. 01:20Procedural Requirements for En Banc Hearings
  5. 01:43Deviation from Traditional Procedure
  6. 02:44Ninth Circuit Procedural Rules (Rule 5.4.b.2)
  7. 03:36Impact of Response Brief on Timing
  8. 04:06New Deadline Calculation (Oct 2, 2020)
  9. 05:01Potential Actions and Extended Timelines
  10. 05:27Clarifying the September 18th Date
  11. 06:06Conclusion and Call to Action

Frequently Asked Questions

What is the Duncan v. Bacerra case about?

The Duncan v. Bacerra case, also known as Freedom Week 1.0, is a legal challenge in California concerning the state's ban on high-capacity firearm magazines. The case is currently undergoing procedural review for an en banc rehearing by the Ninth Circuit Court of Appeals.

Has the 21-day period for the Ninth Circuit to decide on Duncan v. Bacerra passed?

No, the traditional 21-day period for en banc review decisions in Duncan v. Bacerra was altered. The filing of a response brief by the opposing side changed the calculation, making the deadline 14 days after the circulation of that response, theoretically around October 2, 2020.

What is the significance of the response brief in the en banc review process?

The filing of a response brief in a petition for en banc rehearing significantly impacts the timeline. Instead of the standard 21 days from the petition's filing, the court has 14 days after the response brief is circulated to decide whether to grant the en banc review.

Where can I find information on California's magazine ban legal challenges?

You can find updates on legal challenges like Duncan v. Bacerra from channels like Armed Scholar, which specializes in Second Amendment law and firearms-related legal proceedings in California and other jurisdictions.

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