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Judge Roger T. Benitez retired from federal service on April 2, 2026, ending a judicial career that made him a central figure in major Second Amendment cases, including Duncan v. Bonta, which remains pending at the Supreme Court.
After Benson struck down D.C.’s magazine ban, the District sought rehearing while New Jersey tried to limit the ruling’s reach. The split could push the Supreme Court to act.
The case sits in limbo at the U.S. Supreme Court, repeatedly relisted for conference without a decision on whether to grant review.
The U.S. Supreme Court is set to consider whether to hear Duncan v. Bonta, a major challenge to California’s magazine ban.
In a court where judges have previously claimed ignorance on how firearms operate, VanDyke may have just changed the game — bringing truth, clarity, and a bit of grit back into the conversation about the right to keep and bear arms.
California continues to grasp at straws by attempting to defend its magazine ban based on gunpowder storage laws, at best, a giant stretch of liberal logic….
The judge aired the Ninth Circuit’s dirty laundry. The strong, ideological opposition to the Second Amendment has been clear in the Ninth Circuit from the beginning.
There is no American tradition of limiting ammunition capacity,” Judge Benitez wrote. “There have been, and will be, times where more than 10 rounds are needed to stop attackers.
