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NRA Wins Injunction Against California’s Mag Ban


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#31 2smartby1/2

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Posted 31 March 2019 - 04:47 PM

^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


#32 MagSlap

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Posted 31 March 2019 - 07:28 PM

 

^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.primarya...AR-15-Magazines


Edited by MagSlap, 31 March 2019 - 07:31 PM.


#33 jagt48

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Posted 31 March 2019 - 07:53 PM

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.

#34 tricolor

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Posted 01 April 2019 - 02:30 PM

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....



#35 steveTA84

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Posted 01 April 2019 - 06:18 PM

I am thinking of selling a few packaged PMags to CA only buyers. Its the decent thing to do lol


Side note: antis are P!SSED!!!!!! They were all complaining about how CA is going to have a huge amounts of mass shootings now (idiots). This is a huge win nationwide

Edited by steveTA84, 01 April 2019 - 06:20 PM.


#36 Charles Nichols

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Posted 01 April 2019 - 11:12 PM

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.


Concealed carry is of no use to me because I don't carry a purse or wear a dress, and I'm not into secret advantage and unmanly assassination.

 

"Should the Open Carry movement become successful it will result in the greatest dissolution of government power since the collapse of the Soviet Union." - Charles Nichols
 
"If a monkey looks into a book, a sage cannot look out." - Georg Christoph Lichtenberg
 
"La plus belle des ruses du diable est de vous persuader qu'il n'existe pas." - Charles Baudelaire 
 
"God doesn't want me and the devil isn't finished with me." - Raymond Reddington
 
"When you lift the last veil, you might discover that your bride is an ignorant, illiterate child living in a world of fear and superstition." - Charles Nichols.* 
 
* I posted this on my Facebook page on May 20, 2011.  Unable to find its origin, I claim to be its creator.

#37 Bitter Clinger

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Posted 02 April 2019 - 07:41 AM

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.



#38 cybermgk

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Posted 02 April 2019 - 07:45 AM

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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#39 Bitter Clinger

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Posted 02 April 2019 - 08:04 AM

It has a lot of names.  Some of which we can't mention here.



#40 MagSlap

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Posted 02 April 2019 - 08:10 AM

It has a lot of names.  Some of which we can't mention here.

 

"The Ninth Circus" is family friendly... :)



#41 yurimodin

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Posted 02 April 2019 - 02:31 PM

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.....



#42 357

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Posted 02 April 2019 - 05:03 PM

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.
If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.
James Madison

"The only thing necessary for the triumph of evil is that good men do nothing"
Edmund Burke

"During times of universal deceit, telling the truth becomes a revolutionary act"
George Orwell

"People willing to trade their freedom for temporary security deserve neither and will loose both"
Benjamin Franklin

#43 CILhunter

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Posted 03 April 2019 - 06:18 AM

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.



#44 steveTA84

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Posted 04 April 2019 - 07:34 PM

Stay granted. Ban stands for now

http://michellawyers...ding-Appeal.pdf

#45 Euler

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Posted 04 April 2019 - 08:10 PM

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.

Edited by Euler, 04 April 2019 - 08:16 PM.

The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#46 Tip

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Posted 05 April 2019 - 02:35 PM

...... 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...

Edited by Tip, 05 April 2019 - 02:36 PM.

Never Engage in a Battle of Wits with an unarmed person.

#47 Euler

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Posted 05 April 2019 - 03:08 PM

Yeah, enforcement is difficult. It's a different topic, but "law-abiding" means someone who abides by the law, even (or perhaps especially) in the absence of coercion.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#48 lockman

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Posted 05 April 2019 - 06:19 PM

And a requirement to destroy without compensation will also bring its own constitutional challenges I am sure. ^ this ***

"We must, indeed, all hang together, or most assuredly we shall all hang separately."
-- Benjamin Franklin, 1776

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#49 2smartby1/2

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Posted 05 April 2019 - 07:10 PM

If you buy a lot of the same mags, you might not even know when you purchased what.  Just silly. 






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