Time frame for Ninth Circuit to act on magazine ban

[Kevinmchugh.nh]

When is the soonest the Ninth Circuit could announce any decisions in regards to Becerra's appeal?

And is there anything the Ninth Circuit could do within the next few weeks/months to create another opportunity to legally purchase 11+ round magazines?

I know the Ninth Circuit is unlikely to side with us, but just wondering what could potentially happen under a best case scenario, and what the time frame looks like.

[LVSox]

Well, first Becerra has to file his appeal, and until then there is no way to know.

Why do you keep saying this? The Notice of Appeal has been filed. The briefing schedule is set.

Mediation Questionnaire due on 04/11/2019
Transcript ordered by 05/06/2019.
Transcript due 06/03/2019
Appellant Xavier Becerra opening brief due 07/15/2019.
Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio and Christopher Waddell answering brief due 08/15/2019.
Appellant's optional reply brief is due 21 days after service of the answering brief.

[LVSox]

When is the soonest the Ninth Circuit could announce any decisions in regards to Becerra's appeal?

And is there anything the Ninth Circuit could do within the next few weeks/months to create another opportunity to legally purchase 11+ round magazines?

I know the Ninth Circuit is unlikely to side with us, but just wondering what could potentially happen under a best case scenario, and what the time frame looks like.

Nothing is going to happen for more than a year, I assure you. Typical times for civil appeals in the Ninth are 12-20 months. This case is not going to be decided (or argued) before then. The Ninth will wait to see what comes down from SCOTUS in NYSRPA next Spring, and then act accordingly (such that they trample on our rights while purporting to follow the SCOTUS's holding).

[Kevinmchugh.nh]

Nothing is going to happen for more than a year, I assure you. Typical times for civil appeals in the Ninth are 12-20 months. This case is not going to be decided (or argued) before then. The Ninth will wait to see what comes down from SCOTUS in NYSRPA next Spring, and then act accordingly (such that they trample on our rights while purporting to follow the SCOTUS's holding).

Good info. Thanks!

[Librarian]

Thread is now 'stuck' - not much more to say, but it answers an FAQ.

The Michel & Associates page on the case s http://michellawyers.com/duncan-v-becerra/

LVSox, have you a link to Becerra's notice of appeal - I seem to have missed it.

[Ubermcoupe]

Why do you keep saying this? The Notice of Appeal has been filed. The briefing schedule is set.

Mediation Questionnaire due on 04/11/2019
Transcript ordered by 05/06/2019.
Transcript due 06/03/2019
Appellant Xavier Becerra opening brief due 07/15/2019.
Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio and Christopher Waddell answering brief due 08/15/2019.
Appellant's optional reply brief is due 21 days after service of the answering brief.

Nothing is going to happen for more than a year, I assure you. Typical times for civil appeals in the Ninth are 12-20 months. This case is not going to be decided (or argued) before then. The Ninth will wait to see what comes down from SCOTUS in NYSRPA next Spring, and then act accordingly (such that they trample on our rights while purporting to follow the SCOTUS's holding).

These are the right answers.

Hopefully a scheduled hearing next Fall and a decision within 'a year' of that.

Of note: the NY case is scheduled for SCOTUS hearing in the fall, with a decision due in the spring. This, presumably, would time about the same time that the CA9 mulls over their case.
It's possible CA9 stays the hearing until guidance (if any) from the NY case is provided, or they could hear the case, and wait on providing a ruling until the NY decision is out.

Regradless, I think, this case will most definitely be appealed enbanc, so 2021.

Lots of 'ifs' could happen in that time.

[XDJYo]

Whatever it is, it will be measured, not in days, but in months. Multiples of 12 months...24/36/48. Kinda like a car warranty.

[LVSox]

Thread is now 'stuck' - not much more to say, but it answers an FAQ.

The Michel & Associates page on the case s http://michellawyers.com/duncan-v-becerra/

LVSox, have you a link to Becerra's notice of appeal - I seem to have missed it.

[canopis]

Why do you keep saying this? The Notice of Appeal has been filed. The briefing schedule is set.

Mediation Questionnaire due on 04/11/2019
Transcript ordered by 05/06/2019.
Transcript due 06/03/2019
Appellant Xavier Becerra opening brief due 07/15/2019.
Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio and Christopher Waddell answering brief due 08/15/2019.
Appellant's optional reply brief is due 21 days after service of the answering brief.

And there will almost certainly be extensions of time to file briefs, so add at least a couple of months to the briefing schedule. And oral argument will be maybe 9-12 months after briefing is complete. And then probably several months to a year before a decision is issued.

So, it'll be a while.

[Greg B]

I thought that was a notice of intent to appeal.
And it is to Judge Benitez, not an appeal to the 9th.

[LVSox]

I thought that was a notice of intent to appeal.
And it is to Judge Benitez, not an appeal to the 9th.

That is a notice of appeal. Which gets filed with the District Court. Whose clerk transmits it to the Court of Appeals. Whose clerk dockets the matter. All of those things have been done.

[Librarian]

There’s a copy on the Michel firm’s docket page you just linked. Filed 4/4.

I must have asked for the wrong document - where is it published the dates for events you posted in post 2 here?

[LVSox]

I must have asked for the wrong document - where is it published the dates for events you posted in post 2 here?

In the docketing letter. On PACER. Where most federal court filings and orders live. The case number is 19-55376.

Here’s a free link to the bare bones docket report: https://dockets.justia.com/docket/ci...s/ca9/19-55376

[Librarian]

https://dockets.justia.com/docket/ci...s/ca9/19-55376

Thank you.

You are aware, I'm sure, that the 9th's web site is user-hostile for finding a case without already knowing the case number ...

[LVSox]

Thank you.

You are aware, I'm sure, that the 9th's web site is user-hostile for finding a case without already knowing the case number ...