Armed Scholar

California Magazine Ban Update: Duncan V Bolton Case

Video Highlights

  • The speaker provides an update on the Duncan V Bolton California magazine ban case.
  • Judge Benitez issued orders mooting various requests submitted by the state of California, which may indicate that a decision in the case is coming soon.
  • The case involves the possession and purchase of large capacity magazines in California.
  • The original ruling found that the magazine ban violates the Second Amendment.
  • Judge Benitez extended the preliminary injunction protection for pre-ban and Freedom week magazines while the case is ongoing.

Video Summary

In a recent development in the Duncan V Bolton California magazine ban case, Judge Benitez has issued a series of docket entries that may signal a significant development in the case. This update has sparked a lot of interest and speculation among gun enthusiasts and those following the case closely.

For those unfamiliar with the case, Duncan V Bolton revolves around the possession and purchase of so-called "large capacity" magazines in California. Under California Penal Code section 32310, it is illegal to buy, sell, or possess magazines that hold more than 10 rounds, with some exceptions for law enforcement. However, Judge Benitez ruled that this law violates the Second Amendment, leading to what is known as "Freedom Week" in California. During this week, millions of magazines were purchased and brought into the state by gun owners.

Judge Benitez's initial ruling not only struck down the magazine ban but also provided protection for those who purchased magazines during Freedom Week. This protection ensured that individuals would not face prosecution for possessing these magazines. This preliminary injunction protection is still in place and is crucial to understanding the recent docket entries by Judge Benitez.

After losing the original case, the state of California decided to appeal the decision to the Ninth Circuit Court of Appeals. Eventually, the case was sent back to Judge Benitez for reconsideration in light of another case called Bruin. When Judge Benitez regained control of the case, he extended the preliminary injunction protection for pre-ban and Freedom Week magazines. This extension was essential to prevent individuals from becoming felons for possessing these magazines if the protection was removed.

However, California was not happy with this extension and filed a motion for Judge Benitez to reconsider his order. They also requested additional time and extensions to gather evidence supporting their magazine ban. These motions and requests have been pending in the background as the case has progressed.

Recently, Judge Benitez issued docket entries that deemed the state of California's requests and motions moot. On the surface, these entries may not seem significant, but they could indicate that a final decision in the case is imminent. It is possible that some of the prior motions and requests are no longer relevant due to the passage of time and the progression of the case. Alternatively, Judge Benitez's decision to moot these requests could be a sign that he is preparing to issue his final decision.

The use of Federal Rule 60(b) to moot these requests suggests that Judge Benitez is relieving California of any obligations related to the preliminary injunction and scheduling orders. This further supports the theory that a decision is forthcoming.

While it is not certain when Judge Benitez will issue his final decision, it is advisable for those interested in the case to stay tuned and be prepared. It is unclear what the decision will entail or if it will lead to another "Freedom Week" scenario. Speculation aside, it is recommended to keep an eye on relevant websites and be prepared, just in case.

In conclusion, the recent docket entries in the Duncan V Bolton California magazine ban case have sparked anticipation and speculation among gun enthusiasts. Judge Benitez's decision to moot the state of California's requests and motions may indicate that a final decision is on the horizon. It is essential to stay informed and prepared for any potential developments in this case.