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Federal circuit court judge invalidates California 10-round magazine limit

This topic can be found at:
http://sigforum.com/eve/forums/a/tpc/f/140601935/m/3390080554

March 29, 2019, 07:42 PM
sjtill
Federal circuit court judge invalidates California 10-round magazine limit
The decision will warm your heart.
This will certainly go to the 9th circuit panel.

Link: Decision


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“Little else is requisite to carry a state to the highest degree of opulence from the lowest barbarism but peace, easy taxes, and a tolerable administration of justice: all the rest being brought about by the natural course of things.”--Adam Smith, born June 16, 1723
March 30, 2019, 11:03 AM
Kskelton
There’s been quite a few threads posted about this, but I suppose it’s worth it because it’s a huge win for Californians. Hopefully it sticks then they can work on that god awful handgun roster.

I’m not from California, but we had a customer order a P226 extreme in 40 with 10rd mags and a loaded chamber indicator on top the other day so we go check the roster. It seems the EXACT same gun in 9mm is on the roster, and a standard version of the p226 in 40 is on the roster, but the p226 extreme that meets all of their criteria is NOT on the roster. It seems as if this roster they have is a handful of SKUs pulled out of thin air and boom... that’s the roster

But back to thread topic. Congratulations California for a step in the right direction


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April 02, 2019, 11:12 AM
jay_cue
and of course they have asked for a stay on this. trying to get mags shipped to me before stores will not ship into CA. it’s pretty slim finding people willing to ship into CA.
April 03, 2019, 06:04 PM
SeaCliff
quote:
Originally posted by jay_cue:
it’s pretty slim finding people willing to ship into CA.


Try Calguns.net, They have the thread on all the vendors shipping. Brownell's is up to 350k in mags shipping to Cali.
April 04, 2019, 07:07 PM
Storm
The injunction against California's High Capacity Mag Ban has been issued a stay by the judge who issued the injunction.

https://www.thetruthaboutguns....an-as-of-5pm-friday/

quote:

In response to a motion from the California Department of Justice, US District Court Judge Roger Benitez, who issued a permanent injunction against enforcement of California’s “high capacity” magazine ban, has just issued a stay of his own injunction. That means that the window for ordering standard capacity magazines is closing.

His order goes into effect at 5:00pm Pacific time on Friday, April 5. You can read the full order here, but this is the relevant portion:


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.


The ban on possession of “high capacity” magazines will not be enforced while the case is argued and decided, but California residents will not be able to buy them after 5:00pm tomorrow.




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April 04, 2019, 08:29 PM
9mmepiphany
quote:
Originally posted by Storm:
The injunction against California's High Capacity Mag Ban has been issued a stay by the judge who issued the injunction.

The ban on possession of “high capacity” magazines will not be enforced while the case is argued and decided, but California residents will not be able to buy them after 5:00pm tomorrow.

A couple of really important points here:

1. If he hadn't issued a stay, another judge would have,possibly with more restrictive conditions. His issuing a Stay prevents the Defendants from asking for a more restrictive order from another judge
2. This is only a Partial Stay...so possession in the state is still legal
3. It doesn't take effect until 1700hrs tomorrow...so folks can still order them
4. The Stay uses the word "bought" and not "receive"...so magazine in transit are still legal to possess




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