SIGforum
Federal Judge Finds CA Hi-Cap Mag Ban Unconstitutional

This topic can be found at:
https://sigforum.com/eve/forums/a/tpc/f/320601935/m/3380080554

March 30, 2019, 08:16 AM
saigonsmuggler
Federal Judge Finds CA Hi-Cap Mag Ban Unconstitutional
California AG Becerra and Judge Benitez


March 30, 2019, 08:41 AM
oddball
quote:
Originally posted by thumperfbc:
I think it is the ban in its entirity.

If I recall correctly the most recent ban on possession was not codified in new PC sections but rather new verbage was added to the existing laws that banned manufacture/importation/sales/blah blah blah.

I've seen Arms Unlimitted and PrepperGunStore state they are now shipping to us.

The one caveat that I can think of is this: the AWB still states that a fixed magazine centerfire weapon with a capacity of 11 or more is an assault weapon. Logic leads me to believe this ruling won't change that particular avenue of restriction...

So for us CA, I wouldn't be putting those standard cap mags in a fixed mag rifle, but I would put it in a featureless rifle.

Either way, buy this weekend before there is even the chance of an injunction on Monday. The timing of this release was awesome.


Yes, the ruling makes PC 32310 unconstitutional, and that includes the acquisition of standard cap mags. The ruling also requires CA A.G. Xavier Becerra to notify all LE personnel of this order.

Happy for the folks in my former state. AWB is still in effect, thumperfbc is right,. The big unknown is what happens next week with the 9th Circus.



"I’m not going to read Time Magazine, I’m not going to read Newsweek, I’m not going to read any of these magazines; I mean, because they have too much to lose by printing the truth"- Bob Dylan, 1965
March 30, 2019, 08:44 AM
thumperfbc
So who's got the best price on 10/22 mags???

Cool
March 30, 2019, 09:24 AM
Balzé Halzé
quote:
Originally posted by thumperfbc:

So for us CA, I wouldn't be putting those standard cap mags in a fixed mag rifle, but I would put it in a featureless rifle.

.


I'm glad that I have no idea what you're talking about here.


~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

March 30, 2019, 09:46 AM
Russ59
quote:
Originally posted by sjtill:
I may just have to bring back some from my stash in a neighboring state.


I need to borrow a boat and scuba gear. Need to return to the lake where I lost my entire gun collection and see if my standard cap mags are still usable. Wink


P229
March 30, 2019, 10:02 AM
SigSauerP226
quote:
Originally posted by thumperfbc:
quote:
Originally posted by Rey HRH:
quote:
Originally posted by FenderBender:
so for the time being, full cap mags are legal?


I'm thinking it's only the grandfathered standard cap mags are legal. Those were made illegal by this law.


I think it is the ban in its entirity.

If I recall correctly the most recent ban on possession was not codified in new PC sections but rather new verbage was added to the existing laws that banned manufacture/importation/sales/blah blah blah.

I've seen Arms Unlimitted and PrepperGunStore state they are now shipping to us.

The one caveat that I can think of is this: the AWB still states that a fixed magazine centerfire weapon with a capacity of 11 or more is an assault weapon. Logic leads me to believe this ruling won't change that particular avenue of restriction...

So for us CA, I wouldn't be putting those standard cap mags in a fixed mag rifle, but I would put it in a featureless rifle.

Either way, buy this weekend before there is even the chance of an injunction on Monday. The timing of this release was awesome.


Ya that seems to be the consensus on CG. I went featureless for the standard mag release, now hopefully I get to enjoy standard AR mags too. I didn't buy any drums, though...




...Then it comes to be that the soothing light at the end of your tunnel, was just a freight train coming your way...
March 30, 2019, 10:09 AM
thumperfbc
quote:
Originally posted by SigSauerP226:
Ya that seems to be the consensus on CG. I went featureless for the standard mag release, now hopefully I get to enjoy standard AR mags too. I didn't buy any drums, though...


Today is a great day. I believe Arms Unlimited has what you seek.
March 30, 2019, 10:44 AM
konata88
Wait. So one can now buy, possess, carry and use standard mags now? Statewide? At least for pistols?




"Wrong does not cease to be wrong because the majority share in it." L.Tolstoy
"A government is just a body of people, usually, notably, ungoverned." Shepherd Book
March 30, 2019, 10:47 AM
FenderBender
quote:
Originally posted by konata88:
Wait. So one can now buy, possess, carry and use standard mags now? Statewide? At least for pistols?


and featureless rifles it seems.


_____________________________________________
Proverbs 3:31 "Envy thou not the oppressor, and choose none of his ways."
March 30, 2019, 10:57 AM
corsair
quote:
Originally posted by HK Ag:
Good for California!!We need a younger version(s) to get religion too.

Who are youngsters that are clerking for him.
March 30, 2019, 11:09 AM
SigSauerP226
Aw some of the shops are starting to back out until further notice. Supposedly some will still ship, some will not. I have couple orders with a couple vendors for the same things, see what shows up.




...Then it comes to be that the soothing light at the end of your tunnel, was just a freight train coming your way...
March 30, 2019, 11:12 AM
thumperfbc
I've heard orders are going through at Palmetto now.
March 30, 2019, 11:30 AM
Balzé Halzé
Such a beautiful thing.


~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

March 30, 2019, 11:33 AM
SIG228
I'll be real surprised if they push it to the 9th, which would ultimately end up in front of the SCOTUS if they reversed it. That's a huge gamble for other ban states that I'm not sure the commies are willing to risk given the current make-up of the SCOTUS.
March 30, 2019, 11:40 AM
SigSauerP226
quote:
Originally posted by thumperfbc:
I've heard orders are going through at Palmetto now.


PSA has been kind of strange. They outright block PMags and I just tried the daily deal D&H ones and they are blocked. Some people said their pistol mag orders went through, and some other standard cap AR mags worked. Couple people on CG said customer service at PSA and Buds and some other places have basically said they'll let the orders pend until further information next week. Preppers said they cancelled all orders. I just put an order in at RTG and it went through. It will be an interesting week ahead.




...Then it comes to be that the soothing light at the end of your tunnel, was just a freight train coming your way...
March 30, 2019, 11:44 AM
Balzé Halzé
quote:
Originally posted by SIG228:
I'll be real surprised if they push it to the 9th, which would ultimately end up in front of the SCOTUS if they reversed it. That's a huge gamble for other ban states that I'm not sure the commies are willing to risk given the current make-up of the SCOTUS.


Don't underestimate the commie arrogance in California.


~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

March 30, 2019, 11:46 AM
msfzoe
Will this decision have any effect on other states with hi cap mag bans?
March 30, 2019, 11:49 AM
James in Denver
quote:
Originally posted by msfzoe:
Will this decision have any effect on other states with hi cap mag bans?

ATTENTION SIG FORUM LAWYERS!!!

What's your opinion as to how this affects or impacts other states? Can the "case law" of this case be applied to Colorado (for example) or NY?

James


----------------------------
"Voldemorte himself created his worst enemy, just as tyrants everywhere do! Have you any idea how much tyrants fear the people they oppress? All of them realize that, one day, amongst their many victims, there is sure to be one who rises against them and strikes back!"
Book 6 - Ch 23
March 30, 2019, 11:49 AM
SIG228
quote:
Originally posted by Balzé Halzé:
quote:
Originally posted by SIG228:
I'll be real surprised if they push it to the 9th, which would ultimately end up in front of the SCOTUS if they reversed it. That's a huge gamble for other ban states that I'm not sure the commies are willing to risk given the current make-up of the SCOTUS.


Don't underestimate the commie arrogance in California.


It's going to be interesting, that's for sure. I'm just glad to see the commies get kicked right square in the balls front hole every once in a while!
March 30, 2019, 11:59 AM
BBMW
It's a skirmish won in a long war.

quote:
Originally posted by Balzé Halzé:
So this is good, right? We're happy about this, correct? Cause I'm pretty sure I'm happy about it.


If they don't appeal it, they have to abide by it permanently. They're not going to want to do that. They also likely think they'll get a friendlier reception in the 9th Circuit.

quote:
Originally posted by SIG228:
I'll be real surprised if they push it to the 9th, which would ultimately end up in front of the SCOTUS if they reversed it. That's a huge gamble for other ban states that I'm not sure the commies are willing to risk given the current make-up of the SCOTUS.