This is going to be appealed the the 9th. It may go to a panel first. Whoever loses at the panel will appeal to the whole circuit. Whoever looses at the whole circuit will appeal to the SCOTUS. I don't see either side backing down.

Hopefully, by the time this gets up to the SCOTUS, RBG will be safely ensconced in the great beyond, and a Trump appointed replacement will be on the bench.

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

quote:

Are libs willing to sacrifice CA or will they risk losing mag bans country wide.

You may be discounting a singular factor of the CA anti-RKBA equation: arrogance.

I would suggest an alternative rephrasing of the question which may result in a more insightful answer:

"Is the anti-gun CA lobby willing to risk losing mags bans country-wide for their personal shot at fame and legacy?"

I would say unequivocally: yes!

The CA anti-gun lobby views itself as the bellwether of gun control. And to their credit, there is quite a bit of historical evidence to back up such an assertion. Therefore, I would suggest that yes, they are willing to throw their compatriots in NY, MA, MD, CT, HI, and CO under the bus. Because, to them, if they can't get their way, no one else deserves to have it either.

Additionally, CA, as an institution, has a lot invested in this ban. So they are going to appeal it because the state of CA is only accountable to itself, not some national ethos. CA can absolutely be counted on to defend the constitutionality of its own laws; the welfare of other states aren't even a factor in this purely internal equation.

Finally, depending on a lot of factors, the challenge could potentially be as-applied, or the court itself could limit its holding only to relevant portions of the CA awb, which would mean the other states' bans would remain untouched for the moment. Given Judge Benitez's holding, it's hard to see how this might be limited, but the court has been known to perform some impressive legal contortionism in the past (Obamacare as a tax as legitimized under the commerce clause is one example).

quote:

Originally posted by BBMW:
This is going to be appealed the the 9th.

Are there vacancies on the 9th waiting for Trump to fill?

quote:

Originally posted by PD:

quote:

Originally posted by BBMW:
This is going to be appealed the the 9th.

Are there vacancies on the 9th waiting for Trump to fill?

Currently there are four vacancies.

Since taking office, Trump has appointed four judges to the 9th:

Mark J. Bennett, confirmed July 10, 2018, commissioned July 13th, 2018.

Ryan D. Nelson, confirmed October 11, 2018, commissioned October 18, 2018.

Eric D. Miller, confirmed February 26th, 2019, commissioned March 4th, 2019.

Bridget S. Bade, confirmed March 26th, 2019, awaiting commission.

CA won't let it stand, just like the Peralta case wasn't left alone either.

CA is way too arrogant to let a single justice determine CA policy. Way too arrogant.

An appeal will be filed and CA will cite, as it always does, their own right to determine the amount of ammo a gun can hold and the devices that hold it. Not a chance in hell does the AG's office, through the governor, think for a moment that they are wrong.

Their attitude is of extreme arrogance.

It would be nice to fill up their dance card. More suits in the same jurisdiction:

1) AWB - get CA back to have legal, 'featured' rifles
2) Roster - get rid of the roster
3) Ammo - buy from anywhere. No restrictions.
4) Suppressors - yes please
5) keep pushing on shall issue, state-wide.

Hopefully this will make its way to other ban stated as well. Trump does have 9th Circuit judges he is looking to appoint. There was a big article about how he bypassed Feinstein and Harris “Opinion” on his picks. Ahaaa

So I take as a good sign at some point in my home state?

quote:

Originally posted by konata88:
It would be nice to fill up their dance card. More suits in the same jurisdiction:

1) AWB - get CA back to have legal, 'featured' rifles
2) Roster - get rid of the roster
3) Ammo - buy from anywhere. No restrictions.
4) Suppressors - yes please
5) keep pushing on shall issue, state-wide.

I am not an expert on these things. But it appears on the surface that if a magazine limit is ruled unconsitutional, it would be very hard to justify a ban on cosmetic features.

The roster can be argued on terms of product safety.

The D.C. government already lost against shall issue. They didn't appeal. I think it only a matter of time before the right case comes up to go to the SCOTUS.

I'm trying to find online vendors with mags in stock and willing to ship to CA. TGS is backordered on magpul.

I'm in Texas in two weeks. Can I buy em' in TX and travel with them home?

You should be able to bring or ship them home from Texas. However if Cali files an appeal and obtains a stay on the ruling, you would not be able to bring them home. Hopefully their expected appeal takes a few weeks to be filed and acted on, so everyone can stock up on mags.

I just received an email stating Polymer80 will ship 30 round AR15 mags to Cali:

https://www.polymer80.com/p80-...ef&mc_eid=73fe4dd8ef

quote:

Originally posted by Russ59:
I'm trying to find online vendors with mags in stock and willing to ship to CA. TGS is backordered on magpul.

I'm in Texas in two weeks. Can I buy em' in TX and travel with them home?

Natchez seems to be selling to CA.

quote:

Originally posted by Russ59:
I'm trying to find online vendors with mags in stock and willing to ship to CA. TGS is backordered on magpul.

I'm in Texas in two weeks. Can I buy em' in TX and travel with them home?

Nevermind. Just ordered two Magpul from Gunmag warehouse. Easy peasy.

quote:

Originally posted by Russ59:
I'm trying to find online vendors with mags in stock and willing to ship to CA. TGS is backordered on magpul.

I'm in Texas in two weeks. Can I buy em' in TX and travel with them home?

Go to the nearest post office and get the flat rate box of your choice, proceed to a local Texas freedom store, see how many will fit in says box, buy them, pack them, ship them.
That way you don’t have to wait 2 weeks to import them.

My "GO-TO" guy for magazines has always been Greg Cote, LLC. He carries a large selection/inventory and is shipping to CA.

Only if it makes it up to the SCOTUS and stands.

quote:

Originally posted by dave7378:
So I take as a good sign at some point in my home state?

Saw a notification from Classic Firearms in NC that they are now shipping to California.

https://www.classicfirearms.com/

Update. Sportmans Outdoor Super Store too!
https://www.sportsmansoutdoorsuperstore.com/

This message has been edited. Last edited by: sigarms229,

quote:

Originally posted by thumperfbc:
......proceed to a local Texas freedom store

That's on my list of things to do while in Houston and Midland. To drool at the LFS.

http://michellawyers.com/wp-co...t-Pending-Appeal.pdf

Here's Becerra asking for a stay. The last portion seems to clarify some of the questions people have been asking.

"California has restricted the acquisition of Large Capacity Magazines (LCMs) for nearly two decades, and until the Judgment is stayed pending appeal, individuals will be free to acquire new LCMs, and there is evidence that sales have begun already. If Section 32310 is ultimately reinstated by the Ninth Circuit, it will be difficult for the State to remove these new LCMs."

He says right there Californians can buy the mags, and he seems to say that until the 9th reinstates PC 32310, possession would not be illegal either, even if the stay is granted...