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Federal Judge Finds CA Hi-Cap Mag Ban Unconstitutional Login/Join 
Little ray
of sunshine
Picture of jhe888
posted Hide Post
quote:
Originally posted by RAMIUS:
Haven’t seen this in the thread, but does/will this have any benefit to states like NJ and NY?


Not directly as the California court overturned a California law. And it is a district court, not even a Court of Appeals. (Not that the 9th Circuit controls in NJ or NY anyway - it doesn't.) But a 9th Circuit opinion could influence the NY/NJ Court of Appeals, if it got there. And perhaps this might make it up to the Supremes, which of course, controls.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53447 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
Casuistic Thinker and Daoist
Picture of 9mmepiphany
posted Hide Post
quote:
Originally posted by jhe888:
quote:
Originally posted by RAMIUS:
Haven’t seen this in the thread, but does/will this have any benefit to states like NJ and NY?


Not directly as the California court overturned a California law. And it is a district court, not even a Court of Appeals. (Not that the 9th Circuit controls in NJ or NY anyway - it doesn't.) But a 9th Circuit opinion could influence the NY/NJ Court of Appeals, if it got there. And perhaps this might make it up to the Supremes, which of course, controls.

This is what makes in interesting as to how far the State wants to push this and what they are willing to risk




No, Daoism isn't a religion



 
Posts: 14301 | Location: northern california | Registered: February 07, 2003Reply With QuoteReport This Post
Ammoholic
posted Hide Post
quote:
Originally posted by 9mmepiphany:
This is what makes in interesting as to how far the State wants to push this and what they are willing to risk

I’ll preface my thoughts by saying IANAL, and I have no special insights.

With that said, given the arrogance of California’s GDCs (Tip of the hat to JALLEN, may he Rest In Peace), if they lose at the 9th Circuit I’d be surprised if they don’t appeal to SCOTUS. If the Plaintiff loses at the 9th, I’d shocked if they don’t appeal to SCOTUS. I’d guess the bigger question would be whether or not SCOTUS will grant certiorari. I hope that it goes all the way, that SCOTUS grants cert, and that they find Judge Benitez’s opinion as compelling as I do. Even if it means that those of us behind the GDC curtain have to wait to further enjoy the fruits of Judge Benitez’s scholarship and wisdom, I like the idea of it being applied universally across the country.

If I had a magic lantern, I’m not sure what all the wishes would be, but Judge Benitez getting a crack at the CA roster and the CA assault weapons ban and those two decisions going all the way too would probably be on the list. Wink
 
Posts: 7236 | Location: Lost, but making time. | Registered: February 23, 2011Reply With QuoteReport This Post
E tan e epi tas
Picture of cslinger
posted Hide Post
quote:
If I had a magic lantern, I’m not sure what all the wishes would be, but Judge Benitez getting a crack at the CA roster and the CA assault weapons ban and those two decisions going all the way too would probably be on the list.


Orrr you know just skip the middle man and wish for all these stupid restrictions to have never been a thought and that all crime and violence is gone forever.

You can do with your other two wishes as you see fit. Big Grin


"Guns are tools. The only weapon ever created was man."
 
Posts: 8040 | Location: On the water | Registered: July 25, 2002Reply With QuoteReport This Post
Ammoholic
posted Hide Post
quote:
Originally posted by cslinger:
quote:
If I had a magic lantern, I’m not sure what all the wishes would be, but Judge Benitez getting a crack at the CA roster and the CA assault weapons ban and those two decisions going all the way too would probably be on the list.


Orrr you know just skip the middle man and wish for all these stupid restrictions to have never been a thought and that all crime and violence is gone forever.

You can do with your other two wishes as you see fit. Big Grin


I like the way you think, but if we are going to go crazy, why not skip straight to there is no such thing as libtardedness and *everyone* firmly believes in and practices personal responsibility. Big Grin
 
Posts: 7236 | Location: Lost, but making time. | Registered: February 23, 2011Reply With QuoteReport This Post
Big Stack
posted Hide Post
Getting back to some level of reality, the judicial presssure on gun restrictions of all kinds has to be kept up. The more of these cases are filed, fought, and appealed, the closer they get to the SCOTUS. The balance in the SCOTUS is in our favor, if only slightly at the moment. Hopefully it can be made more than slightly in the near future.
 
Posts: 21240 | Registered: November 05, 2003Reply With QuoteReport This Post
Freethinker
Picture of sigfreund
posted Hide Post
quote:
Originally posted by jhe888:
I don't think the state could credibly argue that because the magazines were banned by the state that they aren't in common use.


Like the kid who murders his parents and then pleads for mercy from the court because he’s an orphan.




6.4/93.6

“ Enlightenment is man’s emergence from his self-imposed nonage. Nonage is the inability to use one’s own understanding without another’s guidance. This nonage is self-imposed if its cause lies not in lack of understanding but in indecision and lack of courage to use one’s own mind without another’s guidance.”
— Immanuel Kant
 
Posts: 48020 | Location: 10,150 Feet Above Sea Level in Colorado | Registered: April 04, 2002Reply With QuoteReport This Post
Member
posted Hide Post
quote:
Originally posted by slosig:I hope that it goes all the way, that SCOTUS grants cert, and that they find Judge Benitez’s opinion as compelling as I do.

I think that's the larger crux of this case, Judge Benitez laid out a pretty comprehensive and detailed ruling. If an appeal if filed and rises through system, the more precedence takes a central role in how a decision will be ruled upon.
 
Posts: 15255 | Location: Wine Country | Registered: September 20, 2000Reply With QuoteReport This Post
Member
Picture of EasyFire
posted Hide Post
quote:
Originally posted by sigfreund:
quote:
Originally posted by jhe888:
I don't think the state could credibly argue that because the magazines were banned by the state that they aren't in common use.


Like the kid who murders his parents and then pleads for mercy from the court because he’s an orphan


Smile


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Posts: 1441 | Location: Denver Area Colorado | Registered: December 14, 2008Reply With QuoteReport This Post
You're going to feel
a little pressure...
posted Hide Post
quote:
Originally posted by jhe888:

I don't think the state could credibly argue that because the magazines were banned by the state that they aren't in common use. That would allow a back door to defeat the test announced in Heller, and the court won't sit still for that. The court is going to look at common use more broadly than that.


As my mother would say: "From your lips to God's ears". I hope that is true!

Bruce






"The designer of the gun had clearly not been instructed to beat about the bush. 'Make it evil,' he'd been told. 'Make it totally clear that this gun has a right end and a wrong end. Make it totally clear to anyone standing at the wrong end that things are going badly for them. If that means sticking all sort of spikes and prongs and blackened bits all over it then so be it. This is not a gun for hanging over the fireplace or sticking in the umbrella stand, it is a gun for going out and making people miserable with." -Douglas Adams

“It is just as difficult and dangerous to try to free a people that wants to remain servile as it is to try to enslave a people that wants to remain free."
-Niccolo Machiavelli

The trouble with fighting for human freedom is that one spends most of one's time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all. -Mencken
 
Posts: 4254 | Location: AK-49 | Registered: October 06, 2011Reply With QuoteReport This Post
Baroque Bloke
Picture of Pipe Smoker
posted Hide Post
Heh, heh – I got mine!

“A ban on the sale of ammunition magazines that hold more than 10 rounds has been a linchpin of California’s efforts to prevent mass shootings for nearly two decades.

But in the span of a single week after a federal judge temporarily set aside the prohibition, hundreds of thousands of the devices, if not millions, made their way into the hands of state residents, industry leaders say.

The run on high-capacity magazines from March 29 to April 5 — so fervid that online traffic from gun enthusiasts around the state crashed at least one retail website — was hailed as “Freedom Week” by the California Rifle and Pistol Association and criticized as an alarming safety breach by gun-control advocates…”

www.sfchronicle.com/bayarea/am...es-were-13757973.php



Serious about crackers
 
Posts: 9729 | Location: San Diego | Registered: July 26, 2014Reply With QuoteReport This Post
Tinker Sailor Soldier Pie
Picture of Balzé Halzé
posted Hide Post
I gots me a freedom boner. Well done, Cali gun owners.


~Alan

Acta Non Verba
NRA Life Member (Patron)
God, Family, Guns, Country

Men will fight and die to protect women... because women protect everything else. ~Andrew Klavan

 
Posts: 31198 | Location: Elv. 7,000 feet, Utah | Registered: October 29, 2012Reply With QuoteReport This Post
Ignored facts
still exist
posted Hide Post
IIRC, except for LEO, there were no new std capacity mags in California since like 1994. Like a quarter of a century.

Hopefully the ban goes away again, for good.


.
 
Posts: 11232 | Location: 45 miles from the Pacific Ocean | Registered: February 28, 2003Reply With QuoteReport This Post
Ammoholic
posted Hide Post
1154 freedom units have been loaded into magazines received from freedom week. After a while, one comes to really appreciate both the Maglula and the Striplula. Big Grin
 
Posts: 7236 | Location: Lost, but making time. | Registered: February 23, 2011Reply With QuoteReport This Post
goodheart
Picture of sjtill
posted Hide Post
quote:
154 freedom units have been loaded into magazines received from freedom week. After a while, one comes to really appreciate both the Maglula and the Striplula.



Ah yes, the Handmaidens of Liberty.


_________________________
“Remember, remember the fifth of November!"
 
Posts: 18654 | Location: One hop from Paradise | Registered: July 27, 2004Reply With QuoteReport This Post
Member
Picture of Leemur
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Just noticed in a Palmetto email that they’re donating a percentage of magazine sales to help fight the CA communist mag capacity limit.
 
Posts: 13896 | Location: Shenandoah Valley, VA | Registered: October 16, 2008Reply With QuoteReport This Post
Ignored facts
still exist
posted Hide Post
quote:
Originally posted by Leemur:
Just noticed in a Palmetto email that they’re donating a percentage of magazine sales to help fight the CA communist mag capacity limit.


that's awesome, given they made like a boatload of money last week from the Golden State.


.
 
Posts: 11232 | Location: 45 miles from the Pacific Ocean | Registered: February 28, 2003Reply With QuoteReport This Post
Member
posted Hide Post
I hedged my bets and bought from almost a dozen online vendors mostly depending on available inventory, as well as local shops last week. All this week as my UPS driver made freedom deliveries, my wife was like how many more packages are showing up ? My 10 year old son has Magpul stickers on his school binder now lol. He keeps asking me when we are going to the range so he can do a 60 round mag dump. I tell him As soon as he coughs up $20 for the wasted ammo. Lol.

Palmetto did wuss out at the end and is now NOT shipping some orders that were placed in the time frame they’d promised to ship. On Friday after the courts stay news was announced I placed one more small order with them to back fill a few things I already had so I’m not gonna cry but it’s chickenshit that they said they would honor purchase made up till 4 pm and then walked back that promise whereas Brownells and others with just as much to lose or more didn’t cave. I also had a problem with Natchez as they had some drop shippers who wouldn’t ship to CA. At least they contacted me very early in the week to apologize. That’s what caused me to double down and spread the wealth so I wouldn’t get caught out.

That final PSA order that’s in limbo also included some AR parts and non standard mag items so I don’t know where my order status is. I know they haven’t credited my visa back yet though.

It’s ok, a few dozen Pmags a few d60 drums and many Glock and Sig mags later I’m set for a while till I escape to a free state. Credit card is still smoldering though.
 
Posts: 5163 | Location: Florida Panhandle  | Registered: November 23, 2008Reply With QuoteReport This Post
King Nothing
Picture of SigSauerP226
posted Hide Post
Got all my orders and loaded and unloaded just because, but have yet to get out to shoot. Also, joined the CRPA hoping to help a little with the fight.

Probably a little more appropriate here (Sorry Arc)




...Then it comes to be that the soothing light at the end of your tunnel, was just a freight train coming your way...
 
Posts: 2600 | Location: Simi Valley, CA | Registered: September 25, 2007Reply With QuoteReport This Post
Ammoholic
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I wonder if anybody got any of the Pmags with Judge Benitez’ image laser etched on them. I loved the idea, but by the time my son showed me the image it was getting late to order and I had already pretty well covered enough to last until I can escape and access the stockpile a friend is storing for me in Free America (ID).

Here’s one image: https://mysoutherntactical.com...2-30-round-maga-zine
 
Posts: 7236 | Location: Lost, but making time. | Registered: February 23, 2011Reply With QuoteReport This Post
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