Last month, District Court Judge Roger Benitez once again ruled in Duncan v. Bonta that California’s “high capacity” magazine ban is unconstitutional. The first time, he made that judgement under Heller. This time, the ruling also took into account Bruen. He issued an injunction blocking enforcement of the law, but stayed it giving the state time to appeal the ruling to the Ninth Circuit.
The Ninth Circuit took the case, of course, and violated its own rules in order to have the case heard by exactly the same en banc judges who overturned Benitez’s ruling the first time the case reached them.
Last month, District Court Judge Roger Benitez once again ruled in Duncan v. Bonta that California’s “high capacity” magazine ban is unconstitutional. The first time, he made that judgement under Heller. This time, the ruling also took into account Bruen. He issued an injunction blocking enforcement of the law, but stayed it giving the state time to appeal the ruling to the Ninth Circuit.
The Ninth Circuit took the case, of course, and violated its own rules in order to have the case heard by exactly the same en banc judges who overturned Benitez’s ruling the first time the case reached them.
