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NRA Wins Injunction Against California’s Mag Ban


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Both Judge Benson Everett Legg and Judge Diarmuid O'Scannlain wrote what I believe to be rock-solid irrefutable arguments explaining how the Second Amendment proscribes government actions infringing on the right of self defense and the right to keep and bear arms. Unfortunately, when it gets before outcome-based leftist judges, those judges don't apply logic or reasoning or precedent, they just rule the way they want the case to come out, to achieve the desired effect on society. So then it just boils down to a raw power struggle - who has the most votes at the highest court. Even when there is a reasoned decision at the circuit level and the Second Amendment is upheld, such as the hearing of Peruta by the Court of Appeals for the Ninth Circuit, the activist judges cannot abide such an outcome so they will re-hear the case en banc and arrange the ruling they desire.

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^LOL...

Just got this email from Primary Arms... I bet mags are FLYING off the shelves....

 

 

 

Home Brands AR-15 AR-308 AK-47 Red Dots Scopes NOW SHIPPING

ALL STANDARD Capacity Magazines

to CALIFORNIA

 

 

DbjulVf.png

:frantics: Only two 30 round types left. everything else is out of stock. :frantics:

https://www.primaryarms.com/MCategories+AR-15-Magazines

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Calguns forum topic on this ruling and how many dozens of mags everyone is ordering is blowing up. I can't blame them. Suddenly California isn't looking quite as bad. Minus the roster, AWB ban/registration, waiting period... At least it's a start.

 

Love to see people enjoy their freedom! I am sure that the 9th circus is going to weigh in soon....

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The State of California filed an ex parte application for a stay with the district court judge, which he will hopefully deny. The State can then ask for a stay from the 9th circuit court of appeals, which is likely to be granted.

 

Every "illegal" magazine acquired during the period the permanent injunction was in place becomes an illegal magazine if the permanent injunction is stayed or the decision is overturned on appeal. We will not get an advance notice. Violation of this particular law is potentially a felony. A felony conviction would result in a nationwide, lifetime ban on one's ability to even possess a firearm or ammunition.

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I agree with Charles. While this is a victory, it will be short lived and the ban will be reinstated soon thanks to the 9th circus.

 

If you live in Cali, I wouldn't waste too much money on buying standard cap mags just yet since you will most likely have to destroy them soon. Let the whole thing play out first.

DOn't you mean the 9th Circle of Democratic Ran heck, er I mean (th Circuit Court of Democratice Squeels, dang, sorry, I mean 9th Circuit Court of Appeals?

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The State of California filed an ex parte application for a stay with the district court judge, which he will hopefully deny. The State can then ask for a stay from the 9th circuit court of appeals, which is likely to be granted.

 

Every "illegal" magazine acquired during the period the permanent injunction was in place becomes an illegal magazine if the permanent injunction is stayed or the decision is overturned on appeal. We will not get an advance notice. Violation of this particular law is potentially a felony. A felony conviction would result in a nationwide, lifetime ban on one's ability to even possess a firearm or ammunition.

 

at the rate we are going they are going to try and make all of us felons anyway.....

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I agree with Charles. While this is a victory, it will be short lived and the ban will be reinstated soon thanks to the 9th circus.

 

If you live in Cali, I wouldn't waste too much money on buying standard cap mags just yet since you will most likely have to destroy them soon. Let the whole thing play out first.

Why would they destroy them when the law was found unconstitutional (illegal) and they bought them legally? How dare the tyrants continue thumbing their nose at the Constitution and Court orders.

 

When California becomes an independent country then Commiefornia rulers and Bloomberg can take away people's rights and ignore Supreme Court decisions. God bless judge Benitez for upholding the Constitution and being a patriot. There's still hope for this country.

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Even though many of us don't agree with some of the things he has done vis-a-vis the Second Amendment, Trump has been doing us a huge favor in the judiciary. Once he wraps up the appointments (which the Democrats can't stop due to Harry Reid's nuking of the filibuster for lower Court appointments), the 9th Circuit's 29 judges will be split 15/14 Dem/Rep. That's assuming there are no other retirements, etc. That gives an even money chance that your 3 judge panel, or 11 judge en banc panel will have a majority Republican split.

 

He just had 2 judges confirmed last week for the 9th Circuit. Not sure when they take the bench, but the 9th is no longer quite so scary for individual rights.

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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

(a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

 

(b) For purposes of this section, “manufacturing” includes both fabricating a magazine and assembling a magazine from a combination of parts, including, but not limited to, the body, spring, follower, and floor plate or end plate, to be a fully functioning large-capacity magazine.

 

(c) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing July 1, 2017, any person in this state who possesses any large-capacity magazine, regardless of the date the magazine was acquired, is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, or is guilty of a misdemeanor punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

 

(d) Any person who may not lawfully possess a large-capacity magazine commencing July 1, 2017 shall, prior to July 1, 2017:

 

(1) Remove the large-capacity magazine from the state;

 

(2) Sell the large-capacity magazine to a licensed firearms dealer; or

 

(3) Surrender the large-capacity magazine to a law enforcement agency for destruction.

... which all means that people who owned magazines legally before July 1, 2017, or who bought them legally between March 29, 2019, and April 5, 2019, can keep them for now, although they may have to destroy them in the future, pending the outcome of further proceedings; magazines bought between July 1, 2017, and March 29, 2019, and magazines bought after April 5, 2019, are contraband.

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...... which all means that people who owned magazines legally before July 1, 2017, or who bought them legally between March 29, 2019, and April 5, 2019, can keep them for now, although they may have to destroy them in the future, pending the outcome of further proceedings; magazines bought between July 1, 2017, and March 29, 2019, and magazines bought after April 5, 2019, are contraband.

 

Yet absent any laws requiring serialization of said magazines or requiring one to keep and maintain purchase documents/histories on said magazines any and all such magazines must now be considered legal and legally possessed.

For the most part, proving otherwise is simply not possible.

The State must prove they are contraband, the citizens arenât required to prove they are not...

 

Pending, of course, the outcome of further proceedings.... which, by necessity will now have to address the ex post facto aspects of any requirement to make possession illegal...

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  • 11 months later...

Why do I keep renewing my NRA membership every year you ask? Actions like this are why. I'm a proud gun owner and the NRA is the 500# gorilla in OUR fight across all 50 States. They have earned my support and IMHO shame on any gun owner who is not a member - IMHO

 

Donate to SAF and GOA, they would take case up. NRA is not the only group out there and they are by far the softest and most wasteful.

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