Federal Judge Finds CA Hi-Cap Mag Ban Unconstitutional
best thing would be to KEEP it out of the news
once less thing for snowflakes and other assorted libtards to get spun up about
[B] Against ALL enemies, foreign and DOMESTIC
March 31, 2019, 07:55 PM
Warhorse
I just received an email from gunmagwarehouse.com that they are now shipping standard capacity mags to California.
____________________________ NRA Life Member, MGO Annual Member
March 31, 2019, 08:21 PM
SIG228
quote:
Originally posted by nhtagmember: best thing would be to KEEP it out of the news
once less thing for snowflakes and other assorted libtards to get spun up about
Bullshit, they need their noses rubbed in it.
March 31, 2019, 10:52 PM
SigSauerP226
quote:
Originally posted by Warhorse: I just received an email from gunmagwarehouse.com that they are now shipping standard capacity mags to California.
Got the same e-mail. Magshack and PSA are on board now as well. Bud's seems to be the main one I hear still holding out.
...Then it comes to be that the soothing light at the end of your tunnel, was just a freight train coming your way...
April 01, 2019, 08:13 AM
cslinger
So it's Monday. What the over and under for the time of gnashing of teeth in California and the first attempts to stop/overturn this.
I'm gonna say by 3pm PST there will be some kind of "plan of action" to stem the tide of all the fully semi automatic high capacity clips of destruction.
I would love to be a fly on the wall of some AG's and politician's office's today.
Take Care, Shoot Safe, Chris
April 01, 2019, 08:27 AM
thumperfbc
quote:
Originally posted by cslinger: So it's Monday. What the over and under for the time of gnashing of teeth in California and the first attempts to stop/overturn this.
I'm gonna say by 3pm PST there will be some kind of "plan of action" to stem the tide of all the fully semi automatic high capacity clips of destruction.
I would love to be a fly on the wall of some AG's and politician's office's today.
Well, the State government is closed today... the release of this decision is well timed, I suspect on purpose.
And there are a lot of opinions that there may not be such an automatic appeal response as one might think. Personally, I hope they do appeal and I hope the 9th does what they historically do. The end game here should be SCOTUS so that this can help out nationwide. I think your average gun owning Californian is ok with that, especially since there are millions feeding at the magazine trough this weekend. Online vendors are all going out of stock. We’ll be good for a bit even if the law goes back into effect for a bit.
April 01, 2019, 08:36 AM
Pipe Smoker
quote:
Originally posted by Warhorse: I just received an email from gunmagwarehouse.com that they are now shipping standard capacity mags to California.
But if the decision is overturned, and I think that the 9th circus is likely to do that, the possession of standard capacity mags will be illegal again. I’m going to wait until the dust settles.This message has been edited. Last edited by: Pipe Smoker,
Serious about crackers.
April 01, 2019, 08:36 AM
pedropcola
What he said. I had this discussion with my hard conservative 16 year old son. Wanted him to think it through.
If the libs do what they typically would do without thought, they appeal. One of two outcomes occur. The 9th upholds the ruling and the magazines of death continue. Or, they win on appeal. That almost guarantees a SCOTUS appeal. Whether or not the SC takes it up is a guess but if they do take it up I find it difficult to believe that they won’t side with Judge Benitez and his well thought out decision.
If that happens every mag ban in the country is instantly over turned.
Are libs willing to sacrifice CA or will they risk losing mag bans country wide. Personally I hope they appeal, win, and SCOTUS takes it on appeal. Long game wise I think that is the best perhaps only way to take this one tool out of the lefty toolbox.
Disclaimer: I only like to play talk like a lawyer, take my opinion as just that. Lol
April 01, 2019, 08:40 AM
pedropcola
^^^^^^ That is what shoe boxes in the back of the closet are for. Take a chance buy the mags.
April 01, 2019, 09:44 AM
Broadside
quote:
Originally posted by pedropcola: What he said. I had this discussion with my hard conservative 16 year old son. Wanted him to think it through.
If the libs do what they typically would do without thought, they appeal. One of two outcomes occur. The 9th upholds the ruling and the magazines of death continue. Or, they win on appeal. That almost guarantees a SCOTUS appeal. Whether or not the SC takes it up is a guess but if they do take it up I find it difficult to believe that they won’t side with Judge Benitez and his well thought out decision.
If that happens every mag ban in the country is instantly over turned.
Are libs willing to sacrifice CA or will they risk losing mag bans country wide. Personally I hope they appeal, win, and SCOTUS takes it on appeal. Long game wise I think that is the best perhaps only way to take this one tool out of the lefty toolbox.
Disclaimer: I only like to play talk like a lawyer, take my opinion as just that. Lol
I believe that this was the thought process that drove the D.C. government not to appeal the shall issue ruling to the SCOTUS.
Of course, California is a very big state. If they don't do anything it is only a matter of time before a case makes it to the Supreme Court. Another jurisdiction (maybe Colorado or a municipal government someplace) might not have the political will to throw everything they can at winning at SCOTUS. So they may think that California is their best bet.
April 01, 2019, 09:51 AM
FenderBender
the rub is the 9th circuit had sent this back down to the good judge, so I'm not so sure CA would win there...
I wonder how many magazines have shipped to CA in the last couple days?
Take Care, Shoot Safe, Chris
April 01, 2019, 10:04 AM
Rick Lee
If this ban goes back into effect, I'm predicting zero compliance from the folks who got mags in the interim. For that matter, I wonder how many folks have turned in their bump stocks in the last week.
Freewill Firearms 07 FFL
April 01, 2019, 10:25 AM
Il Cattivo
^^ Have you noticed that the big news on the bump stock front is that one manufacturer sent in a bunch to be destroyed?
Meanwhile I've passed the word among the few friends I've got left in the Jaded State that I'm willing to donate some portion of the mag stash just to stick it to the man, man!
April 01, 2019, 10:36 AM
Broadside
quote:
Originally posted by FenderBender: the rub is the 9th circuit had sent this back down to the good judge, so I'm not so sure CA would win there...
So are you saying that it was appealed to 9th circuit once and then 9th circuit sent it back to the judge?
Do you know why the 9th circuit sent it back?
April 01, 2019, 10:46 AM
Palm
quote:
Originally posted by Broadside:
quote:
Originally posted by FenderBender: the rub is the 9th circuit had sent this back down to the good judge, so I'm not so sure CA would win there...
So are you saying that it was appealed to 9th circuit once and then 9th circuit sent it back to the judge?
Do you know why the 9th circuit sent it back?
The district court judge had originally entered an injunction banning enforcement of the rule while the case was pending. That was appealed and affirmed by the 9th Circuit. It was then sent back for a ruling on the actual merits of the case, which resulted in this opinion.
This should in no way give you any optimism that the 9th Circuit will affirm on the merits. However as discussed, California will think long and hard about whether to even appeal this, based on the chance that it might go all the way to the supreme court.
April 01, 2019, 10:51 AM
Balzé Halzé
quote:
Originally posted by Pipe Smoker:
quote:
Originally posted by Warhorse: I just received an email from gunmagwarehouse.com that they are now shipping standard capacity mags to California.
But if the decision is overturned, and I think that the 9th circus is likely to do that, the possession of standard capacity mags will be illegal again. I’m going to wait until the dust settles.
So what? They gonna round up all the illegal mags? Not.
~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
April 01, 2019, 11:20 AM
Il Cattivo
If the 9th affirms the statute, I think we can count on the decision being appealed to the Supreme Court - and another injunction on enforcement until that appeal is decided. Not that it would make sense for California to try to enforce the law until the appeal is over anyway, of course, but I think we could count on seeing another injunction against enforcement.
April 01, 2019, 11:22 AM
M-11
Had an email this a.m. from Top gun supply that they are ready to ship to CA. I believe Gunmag Warehouse is, too.
"Common sense is wisdom with its sleeves rolled up." -Kyle Farnsworth "Freedom of Speech does not guarantee freedom from consequences." -Mike Rowe "Democracies aren't overthrown, they're given away." -George Lucas
April 01, 2019, 01:01 PM
konata88
This is great: CA was limited to 10 rounds for a long time. Then idiot liberals (ie - those who wish to dictate over the lives of others) tried to make it worse in 2016 - ban anything with more than 10 rounds completely. And now, even the 10 round limit is gone. Standard mags are fine.
Newsom can kiss my grits.
"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
