quote:

Originally posted by slosig:
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

Saw people talking about it and posting pictures on CG, but don't remember anyone saying they actually bought them. Would have been cool to get 1.

Someone correct me if I'm wrong, but the law in question bans the possession of high capacity magazines, so since the ruling was stayed, possessing any of the mags that were shipped into is not illegal.

And if anyone in CA wants high cap mags, flouting the law, they could drive to NV, and buy as many as they want for cash (which I think would be preferable.)

I always wondered if I was running afoul of the law by carrying a >10 round mag in CA, since I was only ever visiting for a short time and always planned to return with my >10 mag to AZ. I didn't think the mag ban banned actual possession, just manufacture, sale and importation. Importation, when going into other countries means you bring it in and leave it behind. I don't think bringing it for a temporary visit and leaving with it constitutes importation.

quote:

Originally posted by Rick Lee:
Importation, when going into other countries means you bring it in and leave it behind.

That’s the first such definition or interpretation of “import” I’ve ever seen.

From Merriam-Webster’s Collegiate Dictionary, Eleventh Edition:
“import … 2: to bring from a foreign or external source ….”

From a very old edition of Ballentine’s Law Dictionary:
“import. Verb: To bring or carry a substance or article into the country from outside. … For some purposes, to bring articles into a state from another state.”

Bringing in seems to be sufficient; no mention of leaving it there.

quote:

I don't think bringing it for a temporary visit and leaving with it constitutes importation.

Crossing the border with contraband in your possession is enough to qualify as importation.

Of course, CA residents may now be able to say they bought the otherwise prohibited items during magapalooza and are just bringing the same items back into the state.

quote:

Originally posted by slosig:
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

As someone in a newly blue state, in the 9th I think I'll have to get some. I'm absolutely sure the bastards in Carson City are watching.

Doesn't the ban ban ALL >10 round magazines, even those bought prior to the ban. So the window created after the ruling but before the stay is irrelevant, no?

quote:

Originally posted by LDD:

quote:

I don't think bringing it for a temporary visit and leaving with it constitutes importation.

Crossing the border with contraband in your possession is enough to qualify as importation.

Of course, CA residents may now be able to say they bought the otherwise prohibited items during magapalooza and are just bringing the same items back into the state.

quote:

Originally posted by FenderBender:

As someone in a newly blue state, in the 9th I think I'll have to get some. I'm absolutely sure the bastards in Carson City are watching.

The socialist cronies in Carson are waiting for instructions from the anti-american league (i.e. Bloomberg) for their next abuse. AB291 has passed the committee but they are still mad about the counties that have declared 2A Constitutional sanctuary status.

Fender...check for PM.

quote:

Originally posted by BBMW:
Doesn't the ban ban ALL >10 round magazines, even those bought prior to the ban. So the window created after the ruling but before the stay is irrelevant, no?

quote:

Originally posted by LDD:

quote:

I don't think bringing it for a temporary visit and leaving with it constitutes importation.

Crossing the border with contraband in your possession is enough to qualify as importation.

Of course, CA residents may now be able to say they bought the otherwise prohibited items during magapalooza and are just bringing the same items back into the state.

The judge bascially stayed 32310(a) and (b), but kept (c) and (d) protecting all those who bought the magazines. As of right now, high capacity magazine ownership is not illegal, but you can't get them now. There is even debate on lending someone your magazine to shoot at the range, but apparently as long as you remain in the direct vicinity of the person using your magazine, it is not illegal. Lot of confusing-ass laws in this damn state.

ETA:

CA Penal Code 32415. Section 32310 does not apply to the loan of a lawfully possessed large-capacity magazine between two individuals if all of the following conditions are met:

(a) The person being loaned the large-capacity magazine is not prohibited by Chapter 1 (commencing with Section 29610), Chapter 2 (commencing with Section 29800), or Chapter 3 (commencing with Section 29900) of Division 9 of this title or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition.

(b) The loan of the large-capacity magazine occurs at a place or location where the possession of the large-capacity magazine is not otherwise prohibited, and the person who lends the large-capacity magazine remains in the accessible vicinity of the person to whom the large-capacity magazine is loaned.

quote:

Originally posted by LDD:

quote:

I don't think bringing it for a temporary visit and leaving with it constitutes importation.

Crossing the border with contraband in your possession is enough to qualify as importation.

Of course, CA residents may now be able to say they bought the otherwise prohibited items during magapalooza and are just bringing the same items back into the state.

And I believe you cannot bring even a single round of ammo into California right now, even if you are just passing through on a vacation etc.

Is this still correct??

quote:

Originally posted by radioman:

quote:

Originally posted by LDD:

quote:

I don't think bringing it for a temporary visit and leaving with it constitutes importation.

Crossing the border with contraband in your possession is enough to qualify as importation.

Of course, CA residents may now be able to say they bought the otherwise prohibited items during magapalooza and are just bringing the same items back into the state.

And I believe you cannot bring even a single round of ammo into California right now, even if you are just passing through on a vacation etc.

Is this still correct??

Not Correct. Prop 63 or 30314, replaced the prior regulation. The new law only restricts "residents of this state ". There is no limit for residents of other states or countries. I am sure this is not what the people that drafted this intended. It is what they wrote , it is state law.

quote:

Originally posted by radioman:
And I believe you cannot bring even a single round of ammo into California right now, even if you are just passing through on a vacation etc.

Is this still correct??

That has never been correct. Limits on importation of ammo only applies to residents

quote:

Originally posted by BBMW:
Doesn't the ban ban ALL >10 round magazines, even those bought prior to the ban. So the window created after the ruling but before the stay is irrelevant, no?

Not so, actually quite the opposite

The law that was introduced and challenged in court, which was the subject of this ruling was about making possession of >10rd mags illegal. The temporary injunction originally issued stopped possession being made a crime.

The final order issued, not only addressed possession, but ruled that the 10rd limit wasn't legal...that is what gave raise to the sudden buying frenzy. A side benefit to that ruling was that any <10rd mag already in the state could now be restored to >10rd capacity (if possible)

The Stay restored the limitation of purchase, manufacture, importation....; but specifically exempted >10rd mags obtained during the "open window"

So not only were new >10rd mags legally brought into the state, but an even larger number of restricted mags already in the state are now legally possessed

Heh, heh! California Attorney General Xavier Becerra (D) doesn’t like it!

“California Attorney General Xavier Becerra (D) is one of the people pushing to keep "high capacity" magazines, anything that holds over 10 rounds, illegal in the Golden State. For one week, Californians had the opportunity to get their hands on these magazines because of a court ruling that overturned the state's ban. One week later, the same judge issued a stay, which meant the ban went back into effect while the lawsuit, Duncan v. Becerra, was settled in court. Any magazines obtained during that week-long period were legal.

Although it's impossible to know exactly how many "high capacity" magazines were sold during that week, we have a few pieces of evidence that show it was in the millions.
……
Ruger and Palmetto State Arms both diverted all of their in-stock inventory to send to California. For a short period of time, other states couldn't order stock because the companies were focusing solely on the demand from the Golden State (probably because they knew the order wouldn't last very long)…”

https://www.google.com/amp/s/t...-n2544742%3famp=true

quote:

Originally posted by Pipe Smoker:
Heh, heh! California Attorney General Xavier Becerra (D) doesn’t like it!

Liberal tears taste so good!

quote:

Of course, CA residents may now be able to say they bought the otherwise prohibited items during magapalooza and are just bringing the same items back into the state.

This is a gray area.

Technically, if you leave the state, even for 1 day say to Arizona, with a magazine greater than 10 rounds, you can not bring it back into state, as this would be importation, even if you owned it prior to leaving.

Now, whether or not this will be enforced to eliminate those who want to purchase magazines and bring them in remains to be seen.

quote:

Originally posted by Sig Marine:

quote:

Of course, CA residents may now be able to say they bought the otherwise prohibited items during magapalooza and are just bringing the same items back into the state.

This is a gray area.

Technically, if you leave the state, even for 1 day say to Arizona, with a magazine greater than 10 rounds, you can not bring it back into state, as this would be importation, even if you owned it prior to leaving.

Now, whether or not this will be enforced to eliminate those who want to purchase magazines and bring them in remains to be seen.

I don't think that is true. In the past, magazines possessed in California prior to the 2000 ban had no such restriction I know of. They had to be possessed in California before the ban, same with the rifles registered as assault rifles back then, there was no prohibition to taking it out of state and returning with it. Currently residents can't import ammo, but even CA DOJ says if you take it out of state you can return with it. I can only assume that high capacity magazines that were legeally possessed prior to the 2000 ban, and moved out of state in anticipation of the 2018 ban, can be brought back in.
The California Rifle and Pistol Association advice on this is spot on and clear, do not discuss with any law enforcement officer your magazines or how you came to posses them.
As for me I am shocked, truly shocked, at the thought that someone mite sneak a new purchase non-dated, no serial number magazine into California after freedom week.

A question (possibly rhetorical):

How can a state ban importation of something from other states, if the federal government hasn't explicitly allowed enabled the states to do that. IIRC interstate commerce is the sole purview of the federal government.

quote:

Originally posted by Scott in NCal:

quote:

Originally posted by Sig Marine:

quote:

Of course, CA residents may now be able to say they bought the otherwise prohibited items during magapalooza and are just bringing the same items back into the state.

This is a gray area.

Technically, if you leave the state, even for 1 day say to Arizona, with a magazine greater than 10 rounds, you can not bring it back into state, as this would be importation, even if you owned it prior to leaving.

Now, whether or not this will be enforced to eliminate those who want to purchase magazines and bring them in remains to be seen.

I don't think that is true. In the past, magazines possessed in California prior to the 2000 ban had no such restriction I know of. They had to be possessed in California before the ban, same with the rifles registered as assault rifles back then, there was no prohibition to taking it out of state and returning with it. Currently residents can't import ammo, but even CA DOJ says if you take it out of state you can return with it. I can only assume that high capacity magazines that were legeally possessed prior to the 2000 ban, and moved out of state in anticipation of the 2018 ban, can be brought back in.
The California Rifle and Pistol Association advice on this is spot on and clear, do not discuss with any law enforcement officer your magazines or how you came to posses them.
As for me I am shocked, truly shocked, at the thought that someone mite sneak a new purchase non-dated, no serial number magazine into California after freedom week.

Exactly why I said it’s a gray area. Firearms have a number with a paper trail that can be traced, magazines...not so much. It will be interesting to see what happens.