https://crpa.org/news/alert/breaking-stay-of-mandate-in-duncan-case-granted/
BREAKING! Stay of Mandate in Duncan Case Granted.
December 21, 2021
Alert Litigation
Plaintiffs in the Duncan v. Bonta “large capacity magazine” case recently were
dealt a blow when the Ninth Circuit en banc panel of judges reversed two lower
courts who initially sided with gun owners and their ability to possess
magazines holding over 10 rounds as lawful, thus stating that Governor Newsom’s
attempt to make those magazines illegal was unconstitutional. But, when the
Ninth Circuit overturned both the lower court and the Ninth Circuit panel in
favor of the state, it sent shockwaves through the Second Amendment community
and showed once again the Ninth Circuit’s bias against the Second Amendment.
Plaintiffs, including CRPA, acted quickly and filed a Motion to Stay Mandate
which would keep the status quo in place while a Writ of Certiorari is filed
with the Supreme Court to appeal the decision of the en banc panel. On December
20th the Ninth Circuit granted the Motion to Stay the Issuance of Mandate for a
period of 150 days while the filings are completed for the Supreme Court.
With this Stay of Mandate granted by the court, it essentially means everything
carries on as it has for the past several years. Those individual who lawfully
own or possess magazines holding more than 10 rounds are allowed to keep them
while the case is appealed.
To Read the Motion to Stay CLICK HERE.
To Read the Order granting the Motion CLICK HERE.
[document links are]
https://crpa.org/wp-content/uploads/2021/12/21.12.15-Duncan-v-Bonta-Stay.pdf
https://crpa.org/wp-content/uploads/2021/12/Mandate-Granted.pdf
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Jeff Chan
mailto:webmaster@xxxxxxxx
http://rkba.org/
