An order has been issued by Judge Roger T. Benitez in the case of Duncan v. Bonta which challenges Californias "Mag Ban". Judge Benitez has ordered an injunction in this case for the 2nd time. -- USCCA - https://www.uscca.com/copperjacket Social Media INSTAGRAM - https://www.instagram.com/thedailysho... Check out my Merch, Shirts, Mugs and More! https://teespring.com/dashboard/stores NOTICE: I am "NOT" a lawyer, and this should not be considered legal advice. These are my opinions. (DISCLAIMER: This post may contain paid advertisements or affiliate links. What is an affiliate link? It means that if you click on one of the product links, Copper Jacket TV will receive a small commission at no extra cost to you. This helps support the channel and allows awesome future content. Thank you for the support!

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Hey everybody, how's it going? Welcome back to Copper Jacket TV. Massive breaking news happening right now: Judge Benitez just came out with his order in Duncan v. Banta, California's magazine ban case. Let's talk about what he said.

Okay, so let's go and talk about what's going on here. Just like we thought, Judge Benitez took his time to write a completely rock-solid order. As a matter of fact, it is a very long document. I have not had a chance to read the entire thing yet, but I'm sure you guys just want to skip to the end, right? What did he say? Well, let's go ahead and do that and take a look at the order itself last paragraph.

Okay, so it says here, "It is hereby ordered that one defendant attorney general Rob Banta and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him and those duly sworn State peace officers and federal law enforcement officers who gain knowledge of this injunction order or know of the existence of this injunction order are enjoined from enforcing California penal code section 32310." So that's huge. There's your injunction right there. He granted it.

Two, defendant Rob Banta shall provide by personal service or otherwise actual notice of this order to law enforcement personnel who are responsible for implementing or enforcing the enjoined statute.

Now here is the only downside to this, and I know you guys are going to have a collective eye roll and you're going to wonder what the hell, but we're going to talk about this in just a second.

Number three, this injunction is stayed for 10 days from the date of this order. It is so ordered December 22nd, 2023, by the honorable Judge Roger T. Benitez, U.S. state district court.

So what does this mean? Well, it means that Judge Benitez granted the injunction in this case for the second time. Obviously, the first time is the one that gave us freedom week where it went up to the ninth Circuit Court of Appeals. A lot happened. A lot of stuff happened with this case, and it ended up back down to Judge Benitez. And again, like I said before, this is the second time that he has granted an injunction in this case. But this time it's happening post-ruin.

Now, unlike before where we had freedom week, Judge Benitez decided to stay his order, to basically not nullify but to put on hold his injunction for 10 days. Now, why would he do that? Well, he did that to give California time to appeal again back up to the ninth Circuit Court of Appeals. But this time, things are a little bit different. We have Bruin on our side, and so there's actually a chance that the ninth Circuit may not want to mess with this one, right? Because, again, it might go back up to the Supreme Court, and we kind of know where the Supreme Court stands. So there's a fairly good chance that the ninth Circuit, already hearing this case, may not want to take it up again. And so after that 10 days, if they've not granted an appeal or if they have not extended a stay or taken that up, then that means in 10 days from today, then the injunction goes into place, the stay is lifted, and that's it for 32310 penal code 32310 in the state of California, in any capacity, would be perfectly fine, all legal and good to go in that state. That would basically mean that that law is over, it's null and void, it's gone.

You know California is going to ask for that state. They're going to ask for that permanent stay or at least a stay until the ending of this case by the ninth Circuit. But here's the thing: it's got to go to a three-judge panel. A three-judge panel is going to look at this. They've been siding with the Second Amendment lately in Hawaii and other cases, and they've been using Bruin as their standard instead of the two-step approach, which is what they used in the past. They used to side with the state all the time by just using that balancing option, right, where they could say, "Well, the state has a great interest in this, and so that kind of overrides your rights." Well, they can't do that anymore post-ruin. They have to look at just simply text, history, and tradition. And as noted in this document by Benitez, he used text, history, tradition; he covered all of his bases in this document. And so they have to look at this. The ninth Circuit has to look at Benitez's order here. They have to read the entire thing and get a good understanding of it. And just based on what he wrote and what I've read so far, there's no way to get through it. And so I don't see any way that the ninth Circuit, unless they just completely decided not to do their job, that they don't just let this stay expire. I think that's personally what's going to happen.

And when it comes to California, I don't say that very often, but I think that we're going to see this 10-day stay expire. And I don't personally think that the ninth Circuit is going to take it up. If they do end up taking it up, I still think we're eventually going to get a win out of it. And they may even allow the injunction to take place while that's happening. So if the injunction takes place but the case continues at the ninth Circuit, then the law is still not in effect for that time being.

So there's a lot to take away from this. I'm going to study this document as much as I can and give you guys any more specific details as we go on down the road here. But the main takeaway is an injunction was granted and a stay was also issued for 10 days. So we may see that law overturned in 10 days. It's very exciting to see some final movement here, and hopefully, this case is just about at an end, and Californians get the win that they absolutely deserve in it. Try to remember, this could have massive effects across the entire country. There are a lot of states that have capacity regulations like this, so try and keep that in mind as well.

Thank you all very much for watching; I really do appreciate it. We've been talking about this one since 2019. I've been making videos about it since 2019, and it would be nice to see this one come to a close with a win for those, you know, the good people over there. Again, thanks for watching. You guys have a great day.