This 2A Case Lasting Longer Than Word War II?!?
Summary
Transcript
A case was just delayed in California related to magazines. And wait till you hear how long it’s taken and some of the things that have been wrapped up faster. It’s pretty impressive, yet terrifying to think that a world war lasted less time than this holdup. Before I get into, I want to thank the sponsor of the video, and that’s Lear Capital. As many of you know, I am very particular at who sponsors this show.
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Hey, guys. My name is Jared. This is Guns and Gadgets, and on this channel, I bring you Second Amendment news every single day. Good, bad, ugly, or indifferent. You want to stay in the know, hit that subscribe button down below. You can also help this channel greatly by hitting that like button and share this with like minded folks. So we’ve heard a lot of things coming out of California lately, and while we just heard about Duncan v.
Bonta, which was the Pistol I’m sorry, Pistol magazine, the magazine ban case that was kicked back down from the Supreme Court, went all the way down back to Judge Benitez. Judge Benitez said, yes, they’re still unconstitutional. They were going to go to the three judge panel, and then the on Bonk panel of the 9th Circuit said, we’ll take this case up immediately. First time they’ve ever done that.
Well, there’s another case that’s been going on longer in California related to the magazine ban, and it’s the Firearms Policy Coalition and Second Amendment Foundation case. And this is it on the screen. And a judge just said, we’re going to stay this whole case. We’re going to put it on hold until the Duncan case decision comes down from the 9th Circuit. Now, as frustrating as that is for everybody involved, I want you to see some of the things that the plaintiff said.
FPC. SAF. Just to give you an idea that everybody’s pissed off, everybody’s aggravated about how long this is taking. And they call out the judge, they call out the case, they call out California here. And I just thought it would be great to make somebody smile, check it out. They said it has now been 2362 days. This was as of the 10th. So add six day, eight days to that.
So it should say it has now been 2370 days since this action was filed on April 20 eigth of 2017. That is longer than World War II lasted 2194 days, or the Civil War, which was 1505 days. In other words, entire regimes could be taken down and dismantled more quickly than the time it has taken for the plaintiffs to obtain relief in their challenge of a single set of laws infringing upon a fundamental, constitutionally protected right.
In this case, in fact, filed before Duncan v. Bonta, which was filed in the Southern District of California on May 17 of 2017. This case was also filed before New York State Rifle and Pistol Association versus Bruin, which was filed in 2018, and which has now made it all the way to the Supreme Court and back on remand. While this case has largely languished in stays, one would think that a case challenging an infringement upon an enumerated right in the Constitution would move with more urgency.
But the State of California has thrown considerable resources into obfuscating what should be a simple question are the magazines at issue in common use for lawful purposes throughout this country? And despite the state’s attempts to overwhelm the answer to the question through meritless objections, reams of paid declarations, and constitutionally irrelevant history, the answer is a resounding yes. As Judge Boomette pointed out in his dissent from the recent order imposing a partial stay in Duncan.
Moreover, we cannot ignore large capacity magazine’s Ubiquity elsewhere in the country. As stated earlier, it is undisputed that over 100 million large capacity magazines exist nationwide, with some estimates being five times that number. They account for half of all magazines nationwide. Likely tens of millions of those magazines already exist in other parts of the 9th Circuit. Indeed, the majority even concedes that Californians purchased millions of large capacity magazines in 2019.
And he’s referring to Freedom Week standard capacity magazines. That is, ordinary magazines capable of holding more than ten rounds of ammunition are widely held by Americans, as the numbers are in the millions by all estimates. The state does not dispute this fact, nor does it offer any estimates of its own, but instead attempts to nibble around the edges of this well understood fact, for example, by claiming that the industry estimates based upon manufacturing and export data fail to account for such magazines that may be held by law enforcement.
That was part of the joint status report that was submitted by FPC and SAF. And here’s the judge’s response that just came out. Here’s page one of the judge’s order all the plaintiffs and the defendants and the judge says, this case is set for hearing on the party’s cross motions for summary judgment on October 30 of 2023. As the court previously noted, a 9th Circuit enbanc panel has elected to take as a comeback case the appeal of Duncan v.
Bonta, which permanently enjoined the statute at issue in this case. And that panel has determined, among other things, that the Attorney General has shown a likelihood of success on the merits in that case warranting a stay of the district court’s permanent injunction. Because the issues in the Duncan appeal are nearly identical to those presented in this case and because the Anbach panel will hold a hearing on the merits in the near future, this case is hereby stayed pending resolution of the Duncan appeal.
The October 30, 2023 hearing on the party’s motions for summary judgment is hereby vacated. The parties shall file a joint status report within 14 days after the 9th Circuit issues a decision in the Duncan appeal. So ordered. Judge William Shubb, U. S. District Judge of the Eastern District of California. So another challenge to California’s magazine ban, which would have huge ramifications nationwide has been stayed, been put on hold, frozen, pending the Ambanc panel’s decision in the Duncan case, which could come as fast as three years from now, who knows? But I will let you know.
I’ll stay on it. I will keep in touch with SAF and FPC as this is their case and we’re going to stay on top of this. We’re going to win, guys and gals, we are going to win. Keep your heads up. Keep your chins up. This is unfortunately just the steps that was established by our forefathers and it has to go through these steps. They do not move fast, especially when it’s a Second Amendment challenge.
Crazy. Let me know what you guys and gals think down below. Just wanted to get this information to you so that you could know what you’re talking about. If someone says, hey, this case about the magazine bands was stayed, this is the one they’re talking about. Let me know what you think down below. Appreciate each and every single one of you. Subscribe to the channel. If you want to stay in the know, check out the links down below so you can get some cool merch from our store over at TriStar Trading.
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