California magazine ban ruling (Read 12536 times)

zippz

California magazine ban ruling
« on: March 29, 2019, 01:40:25 PM »
California's magazine ban has been overturned.  Summary judgement for the win!  Basically case was judged using the Heller ruling and found that the law affected the law abiding, wasn't narrowly focused, and no evidence presented why the ban should overrule a constitutional right.

It's in district court so only affects California, but will surely be appealed to the 9th Circuit Court of Appeals.

http://michellawyers.com/wp-content/uploads/2019/03/Duncan-2019-03-29-Order-Granting-Plaintiffs-MSJ.pdf
« Last Edit: March 29, 2019, 03:21:45 PM by zippz »

Hanabata

Re: Calornia magazine ban ruling
« Reply #1 on: March 29, 2019, 01:48:40 PM »
Wow, I posted about this literally about 1 1/2 minutes after you lol.  Topic wasn't there prior to my posting.  If a mod wants to delete mine, please do so.

Judge Benitez rendered his opinion late Friday afternoon and handed Second Amendment supporters a sweeping victory by completely invalidating California’s 10-round limit on magazine capacity. “Individual liberty and freedom are not outmoded concepts,” he declared.
Friday’s order prohibits California from enforcing its magazine restrictions, leaving its law-abiding residents safer and freer, at least for the time being.
https://www.nraila.org/articles/20190329/breaking-federal-court-finds-california-magazine-ban-violates-the-second-amendment

Great! Not that Hawaii lawmakers care about the Bill of Rights, so it'll probably never happen here.

changemyoil66

Re: Calornia magazine ban ruling
« Reply #2 on: March 29, 2019, 02:06:01 PM »
So CA can now use standard pistol/rifle mags?

I bet Hawaii doing a CA and calling them saying no challenge cause if it wins in the 9th then Hawaii gets to use standard pistol mags too.

CA gonna tell them to screw off because they allowed Young to go to the 9th also.

changemyoil66

Re: Calornia magazine ban ruling
« Reply #3 on: March 29, 2019, 02:13:52 PM »
Interesting read about the 1st story the doc tells.  The woman shot at the intruders, but ran out of ammo (10rd or less mag).  She was unable to reload.  Remaining criminal was able to shoot her.  We all know a 22 cal semi auto pistol can hold more than 10 rounds. 42 rounds total fired.  So 10 were from her, that means the criminals fired 32 rounds between them.

This is also why I keep a spare mag where ever my pistol is laying.  Mrs. CMO always ask why I have a spare mags in random spots in the home.  Told her I got tired of relocating them when I move the gun.  Easier to just move 1 gun instead of 1 gun and 1 mag and 1 OC spray.

6716J

Re: Calornia magazine ban ruling
« Reply #4 on: March 29, 2019, 02:39:03 PM »
So CA can now use standard pistol/rifle mags?

I bet Hawaii doing a CA and calling them saying no challenge cause if it wins in the 9th then Hawaii gets to use standard pistol mags too.

CA gonna tell them to screw off because they allowed Young to go to the 9th also.

CA will probably file for an immediate emergency injunction "for the children".... That way while the law is on hold, it's still in effect and nobody can have over a 10 round magazine until it's decided.

One has to wonder why the lemmings in CA and others wish to spend millions on lawsuits and only see more restrictions placed upon themselves and higher taxes as the end result. But I digress here in the PRHi.
I'd rather have a bottle in front of me, than a frontal lobotomy.

Mdotweber

Re: Calornia magazine ban ruling
« Reply #5 on: March 29, 2019, 02:45:46 PM »
Now we just need more constitutionist judges appointed to the ninth,then this game really gets rolling.
"Dont forget, incoming fire has the right of way"-Clint Smith?

changemyoil66

Re: California magazine ban ruling
« Reply #6 on: March 30, 2019, 07:40:30 AM »
Boating trips this weekend increasing. Its a miracle. Everyone found their standard mags they lost in a boating accident.

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6716J

Re: California magazine ban ruling
« Reply #7 on: March 30, 2019, 10:01:23 PM »
Boating trips this weekend increasing. Its a miracle. Everyone found their standard mags they lost in a boating accident.

Sent from my SM-G950U using Tapatalk
Just not in Hawaii.  But Lake Tahoe water level dropped 3 feet

Sent from my SM-T580 using Tapatalk

I'd rather have a bottle in front of me, than a frontal lobotomy.

Heavies

Re: California magazine ban ruling
« Reply #8 on: March 31, 2019, 09:04:45 AM »
Got an email from a few online vendors proclaiming sale of standard cap mags to Cali was a go.

jase90

Re: California magazine ban ruling
« Reply #9 on: March 31, 2019, 10:06:46 AM »
Talked to my cousin that lives in Mera Mesa. He drove to Vegas this weekend and bought nearly $1k in magazines because some online dealers are still getting clearance from their attorneys apparently. He couldn't wait lol.

Flapp_Jackson

Re: California magazine ban ruling
« Reply #10 on: March 31, 2019, 10:32:04 AM »
Just not in Hawaii.  But Lake Tahoe water level dropped 3 feet

Climate Change!!   :rofl:
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

London808

Re: California magazine ban ruling
« Reply #11 on: March 31, 2019, 12:03:15 PM »
They only have till monday tho.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

RSN172

Re: California magazine ban ruling
« Reply #12 on: March 31, 2019, 12:47:42 PM »
Arms Unltd has ads specifically targeting CA buyers saying they can now ship standard capacity and high capacity mags to CA.  Glock 9mm 21 rd mags were $15.95 if you bought 5 or more.
Happily living in Puna

robtmc

Re: California magazine ban ruling
« Reply #13 on: April 03, 2019, 08:07:26 PM »
Got an email from a few online vendors proclaiming sale of standard cap mags to Cali was a go.
Got some emails as well.  Wonder how that is working, some small window of opportunity?

tillamook

Re: California magazine ban ruling
« Reply #14 on: April 03, 2019, 08:19:30 PM »

changemyoil66

Re: California magazine ban ruling
« Reply #15 on: April 04, 2019, 05:45:49 PM »
So now same judge says wait a minute.

Someone got to him...

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Mdotweber

Re: California magazine ban ruling
« Reply #16 on: April 04, 2019, 07:20:03 PM »
Too early to tell what's going on, reading a lot of different possible reasons why he did it. The judge knew his injunction wouldn't last, he is able to control the narrative now. Around one million standard cap mags in circulation in CA from this last week. The sheer amount of mags in the hands of the people will be impossible to police, also no way to differentiate when the mags came into the state.  Retailers in Ca will still be able sell what thet have left after 5:00pm tomorrow.. like I said earlier no way to tell when the mags came int state, unless the gestapo want to do check points at every crossing(wouldn't put it past them).
"Dont forget, incoming fire has the right of way"-Clint Smith?

eyeeatingfish

Re: California magazine ban ruling
« Reply #17 on: April 04, 2019, 09:29:52 PM »
So now same judge says wait a minute.

Someone got to him...

Sent from my SM-G950U using Tapatalk

Thats why I wasn't going to hold my breath on that one.

changemyoil66

Re: California magazine ban ruling
« Reply #18 on: April 04, 2019, 10:16:35 PM »
Thats why I wasn't going to hold my breath on that one.
At lest they got a taste of freedom, if only for a few days.

And glad to see CA has a grandfather clause. Not like hawaii.

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Mdotweber

Re: California magazine ban ruling
« Reply #19 on: April 04, 2019, 10:33:09 PM »
Definetly some 4D chess kinda stuff going on, check out the last page of the ruling. All in all the people of California are better off this week than they were before.


http://michellawyers.com/wp-content/uploads/2019/04/2019-04-04-Order-Staying-in-Part-Judgment-Pending-Appeal.pdf
 
"Dont forget, incoming fire has the right of way"-Clint Smith?