They Messed Up! Big Time!!

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com. And thanks to Lear Capital for sponsoring this video. Hey, everybody. Welcome back to the channel. I appreciate your time. Thank you for watching. This is guns and gadgets. If you want Second Amendment news every single day, hit that subscribe button down below like the video. Share it, do all the things so you stay in the know and hit the bell. Notification we’re going to talk about California’s magazine ban case, the one that has the potential of wiping magazine bans off of the face of the planet.

It’s the Duncan v. Bonta case. I’ve been reporting on this since 2017. And 1011 days ago, I told you again that Judge Roger T. Benitez in San Diego at the district court level, said that the law was unconstitutional. It didn’t follow Bruin. There was no text history or tradition of that type of firearm regulation around the time of the adoption of the Second Amendment in 1791. And then I told you about the OD thing that happened next.

It usually goes to a three judge panel in the 9th Circuit, then goes to Anbanc. But the Anbanc panel, the original one that stood by and said, yes, California can absolutely create its own laws and violate the rights of citizens. They saw this come back. They saw Judge Benitez rule correctly again, and they said, you know what? We’re going to take this rather than have the three judge panels say, yes, it is unconstitutional, and then maybe allow another Freedom Week.

They took it back immediately. And yesterday they released their ruling saying that they’ve stayed Judge Benitez’s decision. And they also said that, yeah, California is more likely than not going to win on the merits and that the ban is okay. And they used a weird, cockamani way of doing it, and it’s just disgusting because they said other states were doing this so California can too. But they were all lesser court decisions.

And then the dissent, the judges that came out against the majority, said, hey, this is unconstitutional. Judge Boomete is one of them. And what he said is phenomenal, and I want to show it to you. Judge Boomete said if the protection of the people’s fundamental rights wasn’t such a serious matter, our court’s attitude towards the Second Amendment would be laughably absurd. For years, this court has shut down every Second Amendment challenge to a state regulation of firearms, effectively granting a blank check for governments to restrict firearms in any way they please.

We got here by concocting a two part tiers of scrutiny test, which permitted judges to interest balance away the Second Amendment guarantee. But this approach was nothing more than a judicial sleight of hand, feigning respect to the right to keep and bear arms, but never enforcing its protection. Several of us warned that our precedent contradicted the commands of both the Constitution and the Supreme Court. We cautioned this very panel of the need to jettison our circuit’s ahistorical balancing regime and adhere to an analysis more faithful to the constitutional text and its historical understanding.

But our warnings went unheard last year. The Supreme Court had enough of lower court’s disregard for the Second Amendment. It decisively commanded that we must no longer interest balance a fundamental right and that we must look to the Second Amendment’s text, history, and tradition to assess modern firearm regulation. Now, firearm regulations may stand only after the government affirmatively proves that they are part of the historical tradition that delimits the outer balance of the rights to keep and bear arms.

Despite this clear direction, our court once again swats down another Second Amendment challenge. On what grounds? Well, the majority largely doesn’t think it worthy of explanation. Rather than justify California’s law by looking to our historical tradition, as Bruin commands, the majority resorts to simply citing various non binding district court decisions. There’s no serious engagement with the Second Amendment’s text, no grappling with the historical analogs, no putting California to its burden of proving the constitutionality of its law.

All we get is a summary order, even after the Supreme Court directly ordered us to apply Bruin to this very case, the Constitution and Californians deserve better. That’s a scalding dissent from Judge Boomette on this, telling everybody who read this that his colleagues have their head up the asses of the anti gunners, and they’re sick and tired of it. Although the 9th Circuit is still majority crazy Democrat appointed justices, but they’re signaling to people that they’ve had enough of this BS, which opens the door for a potential emergency application to the Supreme Court.

I think that if this were to happen, the Supreme Court might take this one up, because Duncan Vibanta was one of the cases that were kicked down GVR right after the Bruin decision. Was made GVR granted, Sir Shiaarari vacated the ruling and remanded it back down to the 9th Circuit. The Supreme Court basically said, your previous ruling was wrong. We vacated. Now do it the right way. According to Bruin and here, the anbank panels said, yeah, no, we’re going to keep doing it the way we do it.

And we don’t care that the Supreme Court pretty much chastised us. We’re going to do it our way. So this might be enough for the Supreme Court to take this up in an emergency application. I would love to see that. If that happens, I’ll let you know. Hopefully we’ll hear something today or within the next couple days. It’s a big decision to make, but I think it’s the right one.

I really, really do. Yeah. Again, the 9th Circuit remains undefeated in Second Amendment cases. However, this is one of the ones that Supreme Court said, go do it and do it right, or else. Well, the 9th Circuit on Bonk panel just said, well, here is juror or else Supreme Court. What are you going to do about it? We’ll see if they take up the challenge first. It has to be appealed to them, and I’ll let you know if it is.

Guys and gals, thank you so much for your time. I appreciate you subscribe to this channel. If you want to stay up to the no, up to the date, and stay in the know on the Second Amendment issues, they happen every day, every single state. There’s something going on, whether it’s good, bad, ugly, or indifferent, and I’ll bring it to you every day till we see each other again.

Be safe, stay vigilant and carry a gun to keep you, your friends, your family, your community safe. That’s what our forefathers intended. And look around what’s happening in the world. I’m not giving up my right are. .