California's 10-rd magazine limit declared UNCONSTITUTIONAL by fed judge

[Ingomike]

Not sure if the 9th is next for this case. Besides, Trump recently appointed some new blood to that circuit and its not the lefty slam dunk it used to be. I read about a year ago that despite its reputation, the DC Circuit Court of Appeals is actually much more left-leaning. And that's the one that handled 'Heller" on its way to SCOTUS.

As for the California magazine restriction case, Calif AG Javier Becerra (remember that name, he'll run for President someday) will certainly ask for a stay of the injunction pending appeal. So its not over.

The root of the case is fairly simple. The anti-gunners arbitrarily chose 10 rounds as their limit and started referring to anything larger as "high capacity" and deemed them unnecessary for use by civilians. Under the Constitution you can't just enact laws based on arbitrary numbers. Had the gun grabbers done some kind of scientific/statistical study concluding that more crimes were committed by users of 10+ round magazines and that lawful civilian shootings in cases of self-defense never reached the 10-shot threshold, the magazine ban would be harder to overturn. But instead they plucked the number '10' out of a hat and decided that's where they'd draw a line.

I left the PRK five years ago and really don't miss it. But thanks to the overwhelmingly leftist mentality there I became very familiar with gun laws. Every gun show I ever went to in that state had seminars and other such presentations hosted by gun lawyers and such, helping to educate California gun owners as to what was legal and what wasn't. One big problem is that the cops don't get very good information on gun laws. Over on www.Calguns.net they often report cases where guns and/or related items were confiscated improperly by cops who didn't know the law and believed something to be illegal. In such cases the law abiding gun owner has to go through a crapload of red tape to get his property back, even though it was seized improperly. That's the nature of Kalifornia oppression. I'm very glad I left.

Good stuff there, but to think real data has anything to do with any law is mistaken.

When Indiana was working on the drunk driving alcohol levels, I called my state senator, I asked a simple question that should have been the ONLY data considered, how many DD accidents and fatalities were there involving DD that were under the former .1 level and above the .08 level that was proposed at the time. From that data a rational discussion could begin as to the level society wanted. Tha data was not even available nor created for the discussion.

 

[CPT Nervous]

How many states still have bans on certain mag capacities?

New York, New Jersey, Massachusetts, Colorado.

I can't think of any other ones.

 

[2A-Hoosier23]

UPDATE: The State of California Attorney General has just informed the public and the plaintiffs in the case that they will file an emergency stay request with the 9th Circuit Court if the District Court doesn't issue a stay by 5pm today... so less than 40 minutes from the time of this writing. Here's the document.

They are doing this in direct response to the "apparent flood of new large-capacity magazines into the State [that] poses an unacceptable danger to public safety. Beyond that, a stay is needed to limit the number of people who will have 'sold, shipped, or purchased magazines over ten rounds' in the period between when the Court entered its order and it (or the Ninth Circuit) grants a stay."

 

[2A-Hoosier23]

Update before anyone else catches on to my mistake: I don't understand time zones. Obviously it won't be at 5:00pm eastern time.

 

[dudley0]

How many states still have bans on certain mag capacities?

DC
Colorado
Connecticut
Hawaii
Maryland
Massachusetts
New Jersey
New York
Vermont

There are counties that do it as well I guess. I thought New Hampshire and Illinois were included but I guess not.

I agree with mag limits. I feel that any magazine with a capacity over 1 bazillion is not needed, but I am not going to fight the decision.

 

[Mongo59]

Yes, if you can't physically pick one up empty then what good is it loaded?

 

[Phase2]

Well, that was short and sweet. CA district court reinstates magazine ban as of 5pm Friday.

It will be interesting to follow this as it gets appealed up the chain.

 

[cbhausen]

The SAME JUDGE who declared the 10-round limit unconstitutional issued the stay...

You can’t make this stuff up.

 

[KellyinAvon]

The SAME JUDGE who declared the 10-round limit unconstitutional issued the stay...

You can’t make this stuff up.

He probably was not getting invitations to parties like he did before.

 

[Expat]

The judge must have gotten his order completed...

 

[KellyinAvon]

The judge must have gotten his order completed...

WINNER!!!

 

[Sylvain]

The SAME JUDGE who declared the 10-round limit unconstitutional issued the stay...

You can’t make this stuff up.

So after that mags over 10 rounds will be illegal again but the ones people bought while it was legal for a short period of time will remain legal?
How do you even prove that bought your magazine in that time frame?
Do you have to walk around carrying a proof of purchase in case a cop stops you with a 15rds mag in your pistol?

Anyone could say they bought all their magazine during that time.

 

[dudley0]

I am not positive but I think that is what Colorado did. I guess the best bet is to toss the packaging and rub a little dirt on them.

 

[KittySlayer]

Interesting read on the subject. Someone plans to make some serious money today.

https://survivalblog.com/preparedness-notes-friday-april-5-2019/

[h=1]Important Update! Californians, Please Read This:[/h]Here is an update to my blog aricle posted on Wednesday, April 3rd: The window of opportunity for Californians will be shorter than I thought! Comrade Becarra has weaseled a Federal Court “Stay” order. This means that Californians only have just until 5 PM Friday April 5th 2019 to place orders, to make payments, or to do face-to-face deals on 11+ round magazines.
By coincidence, I arrived in Northern California yesterday afternoon (April 4) with more than 200 assorted “standard capacity” (11 to 100 round) magazines. I will be in Northern California until about April 18th.
Here is the court order. Note that the key parts on implementation are in are the last two paragraphs.

 

[Sylvain]

I am not positive but I think that is what Colorado did. I guess the best bet is to toss the packaging and rub a little dirt on them.

So that magazine ban is pointless (shocking, I know).

Anyone can buy magazines of any capacity and said they owned them since before the ban.
Unless they somehow have serial numbers on magazines with a registration process.

Btw the EU wants to ban all mags over 10 rounds starting next year I think.It's up to each country to comply or not.
People are stockpiling 30 rds mags for their AKs and ARs.

Some shooting ranges go even further and won't allow you to load more than 5 rounds into a firearm at a time.
Not sure why 5 rounds is somehow safer than 6? Why not 0, would be even safer.

I once got in trouble for firing 6 shots from a 6 shot revolver.

The guy next to me complained he wasn't expecting to hear a 6th shot.
Some morons really believe those stupid laws and rules make people safer, and they will happily report you if you break them.

 

[Tyler-The-Piker]

Not sure if the 9th is next for this case. Besides, Trump recently appointed some new blood to that circuit and its not the lefty slam dunk it used to be. I read about a year ago that despite its reputation, the DC Circuit Court of Appeals is actually much more left-leaning. And that's the one that handled 'Heller" on its way to SCOTUS.

As for the California magazine restriction case, Calif AG Javier Becerra (remember that name, he'll run for President someday) will certainly ask for a stay of the injunction pending appeal. So its not over.

The root of the case is fairly simple. The anti-gunners arbitrarily chose 10 rounds as their limit and started referring to anything larger as "high capacity" and deemed them unnecessary for use by civilians. Under the Constitution you can't just enact laws based on arbitrary numbers. Had the gun grabbers done some kind of scientific/statistical study concluding that more crimes were committed by users of 10+ round magazines and that lawful civilian shootings in cases of self-defense never reached the 10-shot threshold, the magazine ban would be harder to overturn. But instead they plucked the number '10' out of a hat and decided that's where they'd draw a line.

I left the PRK five years ago and really don't miss it. But thanks to the overwhelmingly leftist mentality there I became very familiar with gun laws. Every gun show I ever went to in that state had seminars and other such presentations hosted by gun lawyers and such, helping to educate California gun owners as to what was legal and what wasn't. One big problem is that the cops don't get very good information on gun laws. Over on www.Calguns.net they often report cases where guns and/or related items were confiscated improperly by cops who didn't know the law and believed something to be illegal. In such cases the law abiding gun owner has to go through a crapload of red tape to get his property back, even though it was seized improperly. That's the nature of Kalifornia oppression. I'm very glad I left.

You called it! Although it wasnt Becerra...

 

[Expat]

I ordered from PSA last week, no shipping notice so far. Now they announced they are going to push all the Kali orders to the front... wonder when I will get my order now. I bet they have already charged my credit card though.

 

[KLB]

I ordered from PSA last week, no shipping notice so far. Now they announced they are going to push all the Kali orders to the front... wonder when I will get my order now. I bet they have already charged my credit card though.

The people in Kali that will receive your mags are grateful for your sacrifice.

 

[actaeon277]

So that magazine ban is pointless (shocking, I know).

Anyone can buy magazines of any capacity and said they owned them since before the ban.
Unless they somehow have serial numbers on magazines with a registration process.

Btw the EU wants to ban all mags over 10 rounds starting next year I think.It's up to each country to comply or not.
People are stockpiling 30 rds mags for their AKs and ARs.

Some shooting ranges go even further and won't allow you to load more than 5 rounds into a firearm at a time.
Not sure why 5 rounds is somehow safer than 6? Why not 0, would be even safer.

I once got in trouble for firing 6 shots from a 6 shot revolver.

The guy next to me complained he wasn't expecting to hear a 6th shot.
Some morons really believe those stupid laws and rules make people safer, and they will happily report you if you break them.

Malum prohibitum
[url]https://en.wikipedia.org/wiki/Malum_prohibitum[/URL]
wrong [as or because] prohibited

Malum in se
[url]https://en.wikipedia.org/wiki/Malum_in_se[/URL]
wrong or evil in itself

 

[Cameramonkey]

I am still quite lost navigating around this sote. Indiana Legislature is voting on giving us CONSTITUTIONAL CARRY! I got the Email on friday at 8:00 pm. I posted it in a comment but I haven't got 50 comments, so I'm not sure how this works. Dudley Brown sent the email, from a larger gun rights group. If someone who is puter smarter than me can get this out there,. I love ya and will put you on my prayer list. Keep the steel sharp and powder dry! Manglz.

F*** Dudley Brown. He is a traitor to the 2A and makes money scuttling good legislation while claiming to be for our rights. I hope to God you dont give him any of your hard earned money. He deserves NOTHING! OK, he deserves to be tarred and feathered and run out of town on a rail. But that is it.

I've watched NAGR scuttle multiple bills in multiple states. Things are going great until suddenly they get involved and then mysteriously the bill tanks in the legislature and fails. Every. Last. Time. Its almost like he WANTS it to fail, so that he can use that to drum up more contributions. After all, if the man stops trampling our rights, what is he needed for? Rep Nisly, with the support of NAGR tried to add an amendment that if it had been adopted, would have scuttled a good bill currently in process. He and Dudley dont really care if they succeeded. Nisly would get a gold star for appearing to be fighting for our rights, and when his amendment caused the bill to be sent back through a process that would take too long and cause it to fail, NAGR would be able to claim that they are desperately needed to pass these bills that just dont get passed for some unknown reason. Jackwagons...