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Federal Judge Finds CA Hi-Cap Mag Ban Unconstitutional

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https://sigforum.com/eve/forums/a/tpc/f/320601935/m/3380080554

April 04, 2019, 08:23 PM
RHINOWSO
Federal Judge Finds CA Hi-Cap Mag Ban Unconstitutional
quote:
Originally posted by oddball:
^^^^^^^^^^^^^^

If this went to the 9th for a stay, they most likely would have dialed back legal possession of standard cap mags. Benitez issuing the stay was the best strategy for CA gun owners for now. But it is a good bet the 9th will get their claws on this thing.

God, I'm glad I do not reside there anymore.

Agreed, he got to put his stamp on it, giving them a stay on his terms.

This was always going to the 9th but now CA gun owners will have protection for their new acquired standard caps. Wink
April 04, 2019, 08:24 PM
Flashlightboy
quote:
Originally posted by oddball:
Judge Benitez ordered a stay before the 5pm deadline. Purchases after today is illegal. But those who did purchase in the last week are grandfathered in, possession of standard caps seems to be legal.

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


That's not entirely correct. Mostly however.

It's a 3 part order, all parts effective April 5 at 5 PM.

The first part says that PC 32310(a) and (b) are no longer enjoined from being the law, meaning that you can't make, lend, give, buy, sell or receive hi-cap mags.

The second part says that PC 32310(c) and (d) are still permanently enjoined from his June 29, 2017 preliminary injunction. This is the provision that says you can't possess hi-caps at all and it lays out the fine and punishment if you do and how you can get rid of them aka sell, destroy or turn them in. That cannot be enforced at this time.

Lastly, the permanent injunction enjoining enforcement shall remain in effect for persons or businesses who manufactured, imported, sold or bought 10+ round mags between the entry of judgment on Mar 29 and 5 PM April 5.

In other words, if you've purchased by 5 PM tomorrow they cannot enforce PC 32310(a) or (b).

What happens if the ultimate decision is that all high caps are bad and must turned in, be destroyed and so on? The AG admits that it would be difficult to get those items out of the public's hands so that suggests that even he can see no realistic way to enforce the compliance.
April 04, 2019, 08:25 PM
RHINOWSO
quote:
Originally posted by oddball:
Judge Benitez ordered a stay before the 5pm deadline. Purchases after today is illegal. But those who did purchase in the last week are grandfathered in, possession of standard caps seems to be legal.
Actually the stay doesn't take effect until 5pm tomorrow, April 5th.

So there is still time. Wink
April 04, 2019, 08:28 PM
oddball
^^^^^^^^

Yes, I stand corrected. Friday 5pm Pacific Time.



"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
April 04, 2019, 08:32 PM
9mmepiphany
quote:
Originally posted by oddball:
Judge Benitez ordered a stay before the 5pm deadline. Purchases after today is illegal. But those who did purchase in the last week are grandfathered in, possession of standard caps seems to be legal.

Tomorrow. We still have another 24 hours to order...Brownell's is offering 100-packs of AR mags for a bit less than $1k




No, Daoism isn't a religion



April 04, 2019, 08:36 PM
9mmepiphany
quote:
Originally posted by RHINOWSO:
Agreed, he got to put his stamp on it, giving them a stay on his terms.

This was always going to the 9th but now CA gun owners will have protection for their new acquired standard caps. Wink

Yup, by issuing a Stay he prevented the Defendants from going to a friendlier judge for a more restrictive Stay

The big points are the 24 additional hours to order and receiving already ordered magazines is not subject to the Stay




No, Daoism isn't a religion



April 04, 2019, 08:39 PM
radioman
quote:
Originally posted by 9mmepiphany:
quote:
Originally posted by RHINOWSO:
Agreed, he got to put his stamp on it, giving them a stay on his terms.

This was always going to the 9th but now CA gun owners will have protection for their new acquired standard caps. Wink

Yup, by issuing a Stay he prevented the Defendants from going to a friendlier judge for a more restrictive Stay

The big points are the 24 additional hours to order and receiving already ordered magazines is not subject to the Stay


So I guess you snooze, you lose here. If you didn't order by now, you missed out.

On the other hand, I bet there are a lot of mags that were stored deep in basements which were "purchased" within the last few days and may now roam free Smile Wink


.
April 04, 2019, 09:18 PM
9mmepiphany
quote:
On the other hand, I bet there are a lot of mags that were stored deep in basements which were "purchased" within the last few days and may now roam free

I'd also bet that a lot of mags which had been blocked, using certain methods, to 10 rounds have also now been unthrottled




No, Daoism isn't a religion



April 04, 2019, 09:21 PM
9mmepiphany
quote:
So I guess you snooze, you lose here. If you didn't order by now, you missed out.

I've heard a lot of figures thrown out...up to 6 figures...as to the number of magazines headed into CA. So I'm guessing not everyone was snoozing.

All the local stores that had them are sold out. Even Magpul's site showed that they were out of stock




No, Daoism isn't a religion



April 04, 2019, 09:28 PM
oddball
^^^^^^^^^

There is a rumor that Brownells by itself sold more than 250,000 mags to CA this week alone.



"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
April 04, 2019, 09:29 PM
RHINOWSO
quote:
Originally posted by 9mmepiphany:
I've heard a lot of figures thrown out...up to 6 figures...as to the numbers of magazines headed into CA. So I'm guessing not everyone was snoozing.


April 04, 2019, 09:33 PM
9mmepiphany
quote:
Originally posted by oddball:
^^^^^^^^^

There is a rumor that Brownells by itself sold more than 250,000 mags to CA this week alone.

Makes sense. The number I read was 30k in the first couple of hours.

They were even offering them in 100-packs for <$1k




No, Daoism isn't a religion



April 04, 2019, 09:33 PM
kkina
What are we going to do with all the 10-rounders?



ACCU-STRUT FOR MINI-14
"Pen & Sword as one."
April 04, 2019, 09:35 PM
RHINOWSO
quote:
Originally posted by kkina:
What are we going to do with all the 10-rounders?
Door stops? Wink
April 04, 2019, 10:08 PM
9mmepiphany
quote:
Originally posted by kkina:
What are we going to do with all the 10-rounders?

I drilled out the indentions in the side of my P320 mags




No, Daoism isn't a religion



April 04, 2019, 10:13 PM
slosig
quote:
Originally posted by 9mmepiphany:
quote:
Originally posted by RHINOWSO:
Agreed, he got to put his stamp on it, giving them a stay on his terms.

This was always going to the 9th but now CA gun owners will have protection for their new acquired standard caps. Wink

Yup, by issuing a Stay he prevented the Defendants from going to a friendlier judge for a more restrictive Stay

The big points are the 24 additional hours to order and receiving already ordered magazines is not subject to the Stay

Where in the order does it say receiving already ordered mags is okay? I may not have read carefully enough, but I didn’t see where it spelled out whether the litmus test was when you ordered, when the mags arrived in the state, or when you took possession of them.

I have one order arriving tomorrow that I’ll pick up at UPS in the morning so I’m good on that one. I have another coming FedEx on Monday if they can find the place so it may be Tuesday or Wednesday given their track record. The third order will be coming USPS and hasn’t been shipped yet. I was assuming it would get cancelled, but it would be great if it is legal for Greg to send it and me to receive it.
April 04, 2019, 10:40 PM
cslinger
I had read Brownells shipped 350K. I would guess damn near a million mags just got "airlifted" into California.

I believe the order says "Purchased" by said date not delivered. (Double check don't quote me as Gospel)

Chris


Take Care, Shoot Safe,
Chris
April 04, 2019, 10:52 PM
Flashlightboy
quote:
Originally posted by slosig:
quote:
Originally posted by 9mmepiphany:
quote:
Originally posted by RHINOWSO:
Agreed, he got to put his stamp on it, giving them a stay on his terms.

This was always going to the 9th but now CA gun owners will have protection for their new acquired standard caps. Wink

Yup, by issuing a Stay he prevented the Defendants from going to a friendlier judge for a more restrictive Stay

The big points are the 24 additional hours to order and receiving already ordered magazines is not subject to the Stay

Where in the order does it say receiving already ordered mags is okay? I may not have read carefully enough, but I didn’t see where it spelled out whether the litmus test was when you ordered, when the mags arrived in the state, or when you took possession of them.

I have one order arriving tomorrow that I’ll pick up at UPS in the morning so I’m good on that one. I have another coming FedEx on Monday if they can find the place so it may be Tuesday or Wednesday given their track record. The third order will be coming USPS and hasn’t been shipped yet. I was assuming it would get cancelled, but it would be great if it is legal for Greg to send it and me to receive it.


This isn't complicated.

From the order itself, there is a permanent injunction against possession enforcement, so long as you "manufactured, imported, sold or bought magazines able to hold more than 10 rounds between the entry of judgment of this Court's injunction on March 29, 2019 and 5:00 p.m., Friday, April 5, 2019."

It recognizes that online sales aren't delivered right away and it doesn't say you must take delivery by tomorrow. Only that you purchased before 5 pm.

If you recall when CA went through the last ammo law of no more at-home or non-FFL deliveries, the law acknoweldged that purchase date, and not receipt, controlled.

Don't worry so long as you have your online order confirmations.
April 04, 2019, 10:55 PM
slosig
@Flashlightboy: Thanks! No longer worrying, now wondering if I should order more. Cool
April 04, 2019, 10:58 PM
Flashlightboy
quote:
Originally posted by slosig:
@Flashlightboy: Thanks! No longer worrying, now wondering if I should order more. Cool


Well the 100 Pmag case from Brownell's for $976 would be a good way to end the day.