California Mag Ban Struck Down by Federal Judge!

Replies

  • earlyagainearlyagain Posts: 3,806 Senior Member
    Shall not be infringed.
  • zorbazorba Senior Member Posts: 19,898 Senior Member
    I saw this on another forum - it won't stand. California's Cradle-to-Grave Nanny State will appeal.
    -Zorba, "The Veiled Male"

    "If you get it and didn't work for it, someone else worked for it and didn't get it..."
  • BigslugBigslug Senior Member Posts: 7,099 Senior Member
    zorba said:
    I saw this on another forum - it won't stand. California's Cradle-to-Grave Nanny State will appeal.
    Undoubtedly. . .Unless the 9th Circus miraculously grows brain cells - and they're going to have fun trying to skate around this judge's opinion -  this will almost certainly go before the Supremes, who are actually starting to hear 2A cases.  The New York case is so nuts that they're going to HAVE to start ruling on this stuff. 

    The importance of the 2016 election is coming home to roost.  In short, check RBG's pulse and BRING IT.
    WWJMBD?

    "Nothing is safe from stupid." - Zee
  • MichakavMichakav Senior Member Posts: 2,444 Senior Member
    Palmetto State Armory posted on facebook that they will be accepting orders from CA for standard capacity mags.
  • bisleybisley Senior Member Posts: 10,733 Senior Member
    It's a tactical victory, for sure, but it will never be settled till the Supremes weigh in.
  • SpkSpk Senior Member Posts: 2,357 Senior Member
    In the meantime, it'll be entertaining to see how both sides decide to slug it out.

    Beware of false knowledge -- it is often more dangerous than ignorance.
  • SpkSpk Senior Member Posts: 2,357 Senior Member
    In the meantime, it'll be entertaining to see how both sides decide to slug it out.

    Beware of false knowledge -- it is often more dangerous than ignorance.
  • BigslugBigslug Senior Member Posts: 7,099 Senior Member
    Well, the floodgates appear to have opened.  A lot of distributors are now taking orders from the Occupied Zone.  It's worth a visit to the Brownell's and Mag Pul sites just for the banners.

    Apologies if we suck your market dry for a while, but the term "drought" in California has not only applied to water these past 20 years.  :D
    WWJMBD?

    "Nothing is safe from stupid." - Zee
  • CHIRO1989CHIRO1989 Senior Member Posts: 11,034 Senior Member
    The chair is against the wall, John has a long mustache. Carry on, purchase away.
    I take no pleasure in the death of the wicked, but rather that they turn away from their ways and live. Eze 33:11
  • CaliFFLCaliFFL Senior Member Posts: 4,845 Senior Member
    Sales to close @ 5 PM 4/5/2019...The judge overturned his own injunction. I wonder who "got to" this judge? 


    THEREFORE, IT IS HEREBY ORDERED that the Judgment is stayed in part pending final resolution of the appeal from the Judgment. The permanent injunction enjoining enforcement of California Penal Code §32310(a) and (b) is hereby stayed, effective 5:00 p.m., Friday, April 5, 2019.

    IT IS HEREBY FURTHER ORDERED that the preliminary injunction issued on June 29, 2017, enjoining enforcement of California Penal Code §32310 (c) and (d) shall remain in effect.

    IT IS HEREBY FURTHER ORDERED that the permanent injunction enjoining enforcement of California Penal Code §32310 (a) and (b) shall remain in effect for those persons and business entities who have manufactured, imported, sold, or bought magazines able to hold more than 10 rounds between the entry of this Court’s injunction on March 29, 2019 and 5:00 p.m., Friday, April 5, 2019. Dated: April 4, 2019.

    http://michellawyers.com/wp-content/uploads/2019/04/2019-04-04-Order-Staying-in-Part-Judgment-Pending-Appeal.pdf
    The question isn't who is going to let me; it's who is going to stop me.

    Ayn Rand
  • Diver43Diver43 Senior Member Posts: 8,750 Senior Member
    Obviously the Democratic party in California got to him in a bad way. Time to investigate
    Logistics cannot win a war, but its absence or inadequacy can cause defeat. FM100-5
  • zorbazorba Senior Member Posts: 19,898 Senior Member
    There will be no "investigation". Its all for the "safety and security of Californians" after all. The investigation will only happen at the Nuremberg, uh Sacramento, war crimes trial.
    -Zorba, "The Veiled Male"

    "If you get it and didn't work for it, someone else worked for it and didn't get it..."
  • MichakavMichakav Senior Member Posts: 2,444 Senior Member
    edited April 5 #14
    Palmetto State Armory and maybe a few others are taking orders until 7p EST and will move the CA orders to the front of the line.
  • CaliFFLCaliFFL Senior Member Posts: 4,845 Senior Member
    Brownell's is selling PMAGS 10 for $99.99. 
    The question isn't who is going to let me; it's who is going to stop me.

    Ayn Rand
  • BigslugBigslug Senior Member Posts: 7,099 Senior Member
    While nobody on our side is crazy about it, I think this falls under the heading of "fair play" under the rules of the game.  There ARE appeals to be made, and mags coming into the state while the final outcome is yet to be decided IS injurious to the other side's cause, and so the game continues.

    In the meantime, we had a week of open sales during which I suspect a truly staggering quantity of magazines came in, and also instantly legitimized every single magazine in the state - they've either "been in the family for generations", or "arrived in the state between March 29 and April 5, 2019".  This amuses me. . .greatly. :p

    I am curious to see how the 9th handles this one.  The ban on possession slams into unreasonable seizure.  Will they have to rule that and the ban on sales as a linked article, or separately?
    WWJMBD?

    "Nothing is safe from stupid." - Zee
  • TeachTeach Senior Member Posts: 18,428 Senior Member

    If the liberal bedwetters with lace on their drawers get a case of the vapors at the very sight of a 30-round magazine , close schools, and sit in the corner and shiver and suck their thumbs- - - - -how do they propose to go about confiscating all those evil things?  "Molon Labe", for sure!


    Hide and wail in terror, Eloi- - - -We Morlocks are on the hunt!
    ASK-HOLE Someone who asks for advice and always does something opposite
  • CaliFFLCaliFFL Senior Member Posts: 4,845 Senior Member


    The question isn't who is going to let me; it's who is going to stop me.

    Ayn Rand
  • FisheadgibFisheadgib Senior Member Posts: 5,709 Senior Member
    So what happens with all the people who rushed out and bought large capacity magazines that they are no longer allowed to have? Will there be a buyback program or do they have to destroy them? I had a hard time finding Glock 21 magazines for the AR45 that I built because there was a huge rush on them.
    snake284 wrote: »
    For my point of view, cpj is a lot like me
    .
  • BigslugBigslug Senior Member Posts: 7,099 Senior Member
    https://crpa.org/news/blogs/crpa-alert-moving-forward-with-large-capacity-magazine-court-ordered-stay/

    The current "truce" is that sales stop but Judge Benitez's injunction halting the possession ban still stands until this thing gets appealed out.

    What happens is that this ruling gets kicked up the chain, possibly reversed by the 9th, and kicked up to the Supremes.  While all of that is going on, nobody's likely to try to prosecute anyone for anything.   Now, what the TIMETABLE is for all of that is anyone's guess.
    WWJMBD?

    "Nothing is safe from stupid." - Zee
  • CaliFFLCaliFFL Senior Member Posts: 4,845 Senior Member

    More than a million magazines sold in Cali in one week

    From the article:

    'Everything was all sold out. I basically took whatever I could get,' said Chris Puehse, who owns Foothill Ammo in Shingle Springs, east of Sacramento.

    He fielded dozens of telephone calls while buyers stacked up 20 deep in his one-man store to buy the hundreds of magazines that arrived in two shipments last week. He had just six left by the time Benitez reinstated the ban last Friday.

    'People loved it. It was like we were out of prison and were not treated like bastard stepchildren of the country anymore,' he said.




    https://www.dailymail.co.uk/news/article-6913979/Gun-groups-Million-plus-extended-magazines-flood-California.html
    The question isn't who is going to let me; it's who is going to stop me.

    Ayn Rand
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