Federal Judge Finds CA Hi-Cap Mag Ban Unconstitutional
quote:
Originally posted by Balzé Halzé: Don't underestimate the commie arrogance in California.
That is why it will be interesting next week. Gun control is one of the key issues in CA, and I don't think the commies will sit by and let this one go.
"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, 12:03 PM
esdunbar
This case only applies to the jurisdiction of the court. It is persuasive in other federal jurisdictions, but not determinate. Meaning, other federal courts should consider it when answering the same question, but not they’re bound by it.
If California appeals and wins in the 9th (let’s be real, I think they’ll win in that liberal shithole) then there is a chance the SCOTUS could hear the case, but they don’t have to. I think they will 100% appeal it. It’s not like this is the only way this case gets to SCOTUS. Any states with a ban could lose all the way up to the SCOTUS. There’s nothing magical about this case, so I think 100% they will appeal it.
So what does it mean to other jurisdictions for the now? Nothing really. It only matters for other commie states if SCOTUS chimes in.This message has been edited. Last edited by: esdunbar,
March 30, 2019, 12:16 PM
kkina
quote:
...but they’re bound by it.
Did you mean not bound by it?
As far as the 9th Circuit court, didn't they recently rule for the Constitutional Right To Open Carry For Self-Defense? Maybe this thing won't be as embattled as you might expect.
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.
Nope. Go to and read the judges 86 page order. It is a quick read and the whole thing is a beauty. If you’re tight on time, skip to page 85 and read this gem near the bottom:
“Accordingly, based upon the law and the evidence, upon which there is no genuine issue, and for the reasons stated in this opinion, Plaintiffs’ motion for summary judgment is granted.69 California Penal Code § 32310 is hereby declared to be unconstitutional in its entirety and shall be enjoined.”
Page 86 is just icing on the cake when he tells Becerra to shove it.
Gotta love the whole thing. If only he’d catch the roster case next.
ETA: Here’s a link to the PDF of the judges order. Dude is my hero.
Originally posted by Nismo: Some Retailers are now shipping standard cap to CA.
Excellent.
This is totally awesome. I see at least one in the classifieds here are willing to ship these mags to CA. AWESOME.
I had no idea it was going to be such a wonderful day.
Makes up for some crap of the last few weeks.
.
March 30, 2019, 06:12 PM
Scott in NCal
As the 9th Circuit sent this back to the Federal Dist Court for Southern California, how will this effect the other state bans in the 9th, Hawaii, Oregon and Washington ?
March 30, 2019, 06:14 PM
radioman
quote:
Originally posted by Scott in NCal: As the 9th Circuit sent this back to the Federal Dist Court for Southern California, how will this effect the other state bans in the 9th, Hawaii, Oregon and Washington ?
there is no state ban in Oregon right now, but one has been proposed in the state legislature.
.
March 30, 2019, 08:46 PM
esdunbar
quote:
Originally posted by kkina:
quote:
...but they’re bound by it.
Did you mean not bound by it?
Oops, yes, thank you for catching that.
March 30, 2019, 09:01 PM
kkina
quote:
Originally posted by esdunbar:
quote:
Originally posted by kkina:
quote:
...but they’re bound by it.
Did you mean not bound by it?
Oops, yes, thank you for catching that.
At least you know someone's paying attention to what you write.
Has anyone else gotten the impression that this news item is being under-covered in the news? I would think it would be front page stuff, but some newssites have no articles at all.
That may be why companies like Black Market Firearms sent out a flash email to say they're selling into the Jaded State. But yeah, the MSM is curiously silent on the subject.
March 30, 2019, 10:50 PM
Rey HRH
quote:
Originally posted by kkina: Has anyone else gotten the impression that this news item is being under-covered in the news? I would think it would be front page stuff, but some newssites have no articles at all.
You're right. I think they're afraid everyone's going to go out and get std cap mags now.
"It did not really matter what we expected from life, but rather what life expected from us. We needed to stop asking about the meaning of life, and instead to think of ourselves as those who were being questioned by life – daily and hourly. Our answer must consist not in talk and meditation, but in right action and in right conduct. Life ultimately means taking the responsibility to find the right answer to its problems and to fulfill the tasks which it constantly sets for each individual." Viktor Frankl, Man's Search for Meaning, 1946.
March 31, 2019, 12:05 AM
flashguy
quote:
Originally posted by kkina:
quote:
Originally posted by esdunbar:
quote:
Originally posted by kkina:
quote:
...but they’re bound by it.
Did you mean not bound by it?
Oops, yes, thank you for catching that.
At least you know someone's paying attention to what you write.
Yep, I saw it too, but decided against mentioning it since someone had already done so.
flashguy
Texan by choice, not accident of birth
March 31, 2019, 12:12 AM
Twist18
quote:
Originally posted by radioman:
quote:
Originally posted by Scott in NCal: As the 9th Circuit sent this back to the Federal Dist Court for Southern California, how will this effect the other state bans in the 9th, Hawaii, Oregon and Washington ?
there is no state ban in Oregon right now, but one has been proposed in the state legislature.
I believe that Oregon bill was killed.
March 31, 2019, 09:24 AM
sigcrazy7
quote:
Originally posted by Rey HRH:
quote:
Originally posted by kkina: Has anyone else gotten the impression that this news item is being under-covered in the news? I would think it would be front page stuff, but some newssites have no articles at all.
You're right. I think they're afraid everyone's going to go out and get std cap mags now.
Or they're waiting for the next mass shooting.
Demand not that events should happen as you wish; but wish them to happen as they do happen, and you will go on well. -Epictetus
March 31, 2019, 10:05 AM
pedropcola
The 2nd Amendment does not protect the “right to bear down pillows and foam baseball bats”.
That judge pretty much took it to them on a common sense and presumably (not a lawyer) a legal sense.
March 31, 2019, 12:06 PM
BBMW
Who's funding the Duncan side of this case. Is it the NRA, or some other organization?
March 31, 2019, 02:15 PM
Ogie
Keep in mind that there will soon be two more judges on the 9th circuit that are appointed by Trump. That will mean 12 of the 29 judges on the 9th circuit are leaning our way.
March 31, 2019, 02:19 PM
SigSauerP226
quote:
Originally posted by BBMW: Who's funding the Duncan side of this case. Is it the NRA, or some other organization?
...Then it comes to be that the soothing light at the end of your tunnel, was just a freight train coming your way...
March 31, 2019, 07:24 PM
corsair
quote:
Originally posted by kkina: Has anyone else gotten the impression that this news item is being under-covered in the news? I would think it would be front page stuff, but some newssites have no articles at all.
With the current state of media, both current and social media driven, if it isn't covered and discussed, it doesn't matter or, relevant. Haven't seen any 'outrage' articles on Vox, Mother Jones, Vice, Rolling Stone and others...yet.
I'm sure reasoning will run along the lines of by reporting and making this issue prominent in our reporting, we fell we're encouraging what we don't like.
No doubt there will some lengthy, long-form opposition articles.
