TZP Column: Ninth Circuit

No doubt you’ve heard that federal Judge Benitez once again ruled in Duncan v. Bonta that California’s ban on “high capacity” magazines is unconstitutional; particularly in light of SCOTUS’ BRUEN decision. He stayed his injunction until October 2, to allow the state time to file yet another appeal.

And once again the state did appeal to the Ninth Circuit. Which took the unusal action of taking the state’s “emergency” request for an administrative stay past October 2 en banc. Normally such requests for administrative stays is done by a three judge panel.

The en banc Ninth issued an administrative stay until October 10, 2023.

However, a couple of the Circuit judges wrote dissenting opinions, objecting to the Court gaming the system to delay or deny Second Amendment rights.

I found the dissents to be rather interesting.

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2A advocate, writer, firearms policy & law analyst, general observer of pre-apocalyptic American life.

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