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Federal Court finds California magazine ban Unconstitutional

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  • Snake-Eyes

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    Ross7

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    Unsurprisingly, some Cali shooters are getting while the getting's good.

    ...on Monday, California asked the court to swiftly restore the status quo up to last week’s ruling to prevent a sudden influx of new magazines now believed to be legally flooding into the state.

    ...new mags are pouring into the state while the ban is on hiatus. Since the news of U.S. District Judge Roger T. Benitez’s order was posted, big name firearm magazine makers and distributors such as Beretta, Brownells, Magpul and PSA announced they were open to shipping to the West Coast state that has largely been off limits to otherwise standard capacity magazines for two decades. Meanwhile, local gun shops such as Gunfighter Tactical in San Diego and Sacramento Black Rifle posted they had literally thousands of magazines in play.

    https://www.guns.com/news/2019/04/03/california-seeks-to-turn-magazine-ban-back-on
     

    MrFish

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    Good thing they aren't tracking all the new purchases, because the 9th Circuit is gonna overturn this. Hopefully SCOTUS will pick it up after that.
     

    Ross7

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    And right on cue "...the Judgment is stayed in part pending final resolution of the appeal". So in other words, as of later today the gettin' is about to no longer be good. Damn that state is screwed-up.:eek:hwell:

    Translated this means that standard capacity magazines can't be sold, made, imported, or given away after Friday, April 5, 2019 at 5:00pm PDT. However, if you bought a magazine, sold a magazine, or otherwise transferred one into California between March 29th and April 5th at 5:00pm, you are still covered by the permanent injunction against the ban. This means you have until 5:00pm to receive it. Or take a quick trip out of state - Nevada, Arizona, etc - and be back by 5:00pm with your new standard capacity magazines.

    http://onlygunsandmoney.blogspot.co...nsAndMoney+(No+Lawyers+-+Only+Guns+and+Money)
     

    Snake-Eyes

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    The Kommifornian government is more concerned with "high capacity" magazines flooding across their borders than criminal invaders.

    //sarcasm// Gee, I wonder which one will kill more U.S. Citizens? The magazines or the illegals? //disgusted sarcasm off//
     

    wildrider666

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    EVERYBODY SHOULD READ OP's Link. Really, it is truly Outstanding! I'm sure th gun grabber Orgs and politicians are sitting in their safe spaces writing the mail right now. Much more pro 2A than Heller! Took mags/ARs/Glocks and justified them from musket/powder/lead: same=same.

    I've only read half way through the 80+ Pages and I'm throughly enjoying every bit of it. LADIES and GENTLEMEN, itis the most refreshing legal Firearms Rights document I'v ever read! Though it on CAs Mag Ban, it reflects on a vast range of firearms issues and reenforces them. There is no shortage of wit and sarcasm. He tears apart knee jerk anti gun Laws based on the action of few specifically mass shootings, dispels the AR15 equals a Military M16. Lays out rate of fire verses accuracy. He shreds the AGs lying false representations of other States Laws, "high caacity" Histories among other topics. In accordance with His allowed Judicial Discretion, he researched and presented additional material that had bearing on the 2A and further on the mag issue giving mags in "common use" equal standing to the firearms that need them to function. He blasts gun control attempt to destroy the 2A with "Death by a thousand cuts". He bites NJ and NY on their gradual mag capacity Laws: 15, 10 then 7 noting next will be 5 then 3 followed be single shot firearms only, a final ban and then on to sabers. He knows full well the leanings of the 9th Circut and delivered a preemptive strike! He layered that Courts applications of various levels of "Scrutiny" including a sub set the 9th made up on it's own (when nothing legally supported the decision "They" wanted to make!): this fine Jurist laid all those out and shot them all down based on Case Law.

    If the 9th overturns it, it will go to SCOTUS and the point used by the 9th will be weighted against this Ruling. And the Opinion which supports the Ruling: put the entire gun control, gun grabbing scheme in the shitter.

    This Judge threw most gun control (hardware) arguments under a TRAIN!
     

    Zeroed in

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    It's been Struck Down. Some other Judge has over-ruled the other Judge. Hi-cap (over 10-round) mags are again illegal in California.

    So, what happens to all the people who bought hi-cap mags during the free-mag days? Do they get grandfathered in, or are they illegal to possess?
    Kinda F'd up if you ask me.
     
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    FrommerStop

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    It's been Struck Down. Some other Judge has over-ruled the other Judge. Hi-cap (over 10-round) mags are again illegal in California.

    So, what happens to all the people who bought hi-cap mags during the free-mag days? Do they get grandfathered in, or are they illegal to possess?
    Kinda F'd up if you ask me.
    Your source please.
     

    John B.

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    Your source please.
    It's been Struck Down. Some other Judge has over-ruled the other Judge. Hi-cap (over 10-round) mags are again illegal in California.

    So, what happens to all the people who bought hi-cap mags during the free-mag days? Do they get grandfathered in, or are they illegal to possess?
    Kinda F'd up if you ask me.
    Not exactly... the same judge has halted sales until the 9th can appeal.... (sorry for the NBC link...

    https://www.nbcnews.com/news/us-new...a-s-ban-high-capacity-magazines-halts-n991616

    Sent from my SM-G950U using Tapatalk
     

    Mouser

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    It's odd to me that a federal judge from any state can strike down laws, seemingly willy-nilly, that affect people from all over the country...I freely admit that I don't understand the inner workings of fed courts in that some laws seem to go through unchallenged, while others are "stayed"/delayed etc... We are all gun enthusiasts and while we have differing opinions on the fine print, one has to wonder that if an amendment in the bill of rights, the second amendment, that clearly states the governing principle "shall not be infringed" is truly being infringed all over the country...and yes, the slippery slope is automatic weapons, explosive weapons etc...but we all know SBR's, suppressors, and yes, automatic weapons are an infringement on our rights. The AR/AK/Ruger mini's are the modern day equivalent of the muskets/Long rifles of old...in fact, the long rifle was superior to the musket in many important ways.
    .
    I'm glad to see the magazine ban lifted in CA...like many states, the politics are controlled by the population centers of LA, Oakland, San Fran etc...most of the state is rural and people in the rural areas have a much different view of the world...Illinois and NY is similar
     

    Snake-Eyes

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    The same judge amended his order, based on appeal from the Kommifornian Attorney General.
    Here's the actual 6-page judgment:

    http://michellawyers.com/wp-content...r-Staying-in-Part-Judgment-Pending-Appeal.pdf

    Basically, CA can continue prohibiting the import/sale/manufacture/etc, but it cannot penalize the mere "possession" of those mags. The previous lunacy in CA said you couldn't bring any more mags into the state, but they couldn't prove if the ones you had were "new" or previously acquired. Therefore the law had limited "teeth". So to "close that loophole" (their words), this new law was passed by voters (not the legislation; that's how stupid the CA voters are), and it made the mere "possession" a crime that could be charged as a FELONY.

    This "staying in part pending appeal" is modified to prohibit the state from prosecuting for "possession", but it can still prosecute for importation/manufacture/etc. Like it was on the previous ban. Pending the appeal judgement, from the 9th.

    This judge did a nice job picking apart current and probable arguments from the Kommifornia side. Yeah, the original order is 86-pages, but it's a thought-provoking read. He even mentions Rodney Dangerfield, at one point. Skip to page 84 for a good wrap-up "Conclusion" summary. I personally don't agree with his opinions about 100-round drums, but that's a very minor distraction to an overall well-written document.

    Edit to clarify: this "stay in part" is only while the case waits for appeal judgement, which "should" strike down the entire law.
     
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    FrommerStop

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    It's odd to me that a federal judge from any state can strike down laws, seemingly willy-nilly, that affect people from all over the country...I freely admit that I don't understand the inner workings of fed courts in that some laws seem to go through unchallenged, while others are "stayed"/delayed etc... We are all gun enthusiasts and while we have differing opinions on the fine print, one has to wonder that if an amendment in the bill of rights, the second amendment, that clearly states the governing principle "shall not be infringed" is truly being infringed all over the country...and yes, the slippery slope is automatic weapons, explosive weapons etc...but we all know SBR's, suppressors, and yes, automatic weapons are an infringement on our rights. The AR/AK/Ruger mini's are the modern day equivalent of the muskets/Long rifles of old...in fact, the long rifle was superior to the musket in many important ways.
    .
    I'm glad to see the magazine ban lifted in CA...like many states, the politics are controlled by the population centers of LA, Oakland, San Fran etc...most of the state is rural and people in the rural areas have a much different view of the world...Illinois and NY is similar
    There may be more to it. I know the ruling applies to the region where the 9th federal district court reigns, but I am not sure that it applies absolutely to other districts. Here is where an expert on federal law could shed some light.
    Map of districts
    circuit_map_in_agency_palette-full-size.png
     

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