SIGforum
9th Circuit Rules CA's Mag Ban Unconstitutional
August 14, 2020, 05:16 PM
Scoutmaster9th Circuit Rules CA's Mag Ban Unconstitutional
I guess preliminary good news. It will be interesting how CA responds.
IIRC a few years ago, somewhere around San Diego, CA lost a lawsuit re very restrictive issuance of CCW permits (generally issued only to celebrities, gov't people, people with big $$$). Silicon Valley gov't said they would comply, "but it will take a few years". Santa Clara County would not issue CCW to honorably retired police officers. Don't know how things have changed in the past few years.
"Liberty lies in the hearts of men and women. When it dies there, no constitution, no law, no court can save it....While it lies there, it needs no constitution, no law, no court to save it"
- Judge Learned Hand, May 1944 August 14, 2020, 05:17 PM
SgtGoldI don't want to be Debbie Downer here, but can't the full 9th circut reverse this decision? Is all this celebration a bit premature?
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August 14, 2020, 05:21 PM
220-9erquote:
Originally posted by SgtGold:
I don't want to be Debbie Downer here, but can't the full 9th circut reverse this decision? Is all this celebration a bit premature?
Yes they can as I understand things. The next step doesn't look good since it's a liberal court.
This is a good step but the struggle is far from over.
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August 14, 2020, 05:39 PM
Scurvyquote:
Originally posted by Scott in NCal:
quote:
Originally posted by Scurvy:
Seems like the NRA and FPC are taking victory laps on this. Do we know which one actually put in the leg work?
It was the NRA , and the state affiliate, the California Rifle and Pistol Assn.
Chuck Mitchel is the President of the California Rifle and Pistol Assn. It was his law firm, Mitchel and Associates, that represented CRPA.
I despise Wayne and his cronies as mutch as anyone. Dispite all its many and real problem, the NRA still yields the power. If the NRA irrelevant the left would not despise them so much, they would be pleased that the NRA is not effective.
So all please , send them money if you can.
The day after the ellection is the time to take them on, and the NY Attorney General gave us a big boost.
The FPC was there, so was GOA and GOC, but it was overwhelmingly a NRA / CRPA effort.
Thanks!
After the crap they pulled in Virginia this past January, I dont really trust any NRA Press release/tweets/PR etc.
August 14, 2020, 06:25 PM
sigfreundquote:
Originally posted by jhe888:
I agree, but we may not know until some state bans sales, but not possession.
Colorado permits possession of LCMs acquired before the ban, but prohibits their transfer, so I don’t know if that’s close enough to what you’re referring to.
And I admit I haven’t looked at the actual ruling, but if it addresses the right of self-defense in any way, all I can say is
About dam’ time! The right of self-defense predates the Second Amendment and is such a fundamental right that it doesn’t matter that it’s not spelled out in the Constitution. As a (very) distant relative (St. George Tucker) of my wife put it in 1803, “Self-defence is the first law of nature,” and that’s what everyone should understand: The right of self-defense is meaningless without the right to possess the means of effectively exercising that right.
► 6.0/94.0
I can tell at sight a Chassepot rifle from a javelin. August 14, 2020, 06:40 PM
BB61"Courts do not make theoretical rulings, which they call advisory rulings. They can only rule on the cases before them. This case was about Cali's 10 round rule."
Correct. But a lower court in any other state in the 9th would pay careful attention to the ruling as judges don't like to be reversed.
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August 14, 2020, 06:56 PM
sjtillThe NRA is bragging, but it’s the California Rifle and Pistol Association with other claimants that brought the case, per the ruling.
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“Remember, remember the fifth of November!"
August 14, 2020, 07:03 PM
sasquatch28The most notable part is that they applied the strict scrutiny standard. That is a high bar to meet when limiting a constitutional right.
August 14, 2020, 07:38 PM
jhe888quote:
Originally posted by 220-9er:
quote:
Originally posted by SgtGold:
I don't want to be Debbie Downer here, but can't the full 9th circut reverse this decision? Is all this celebration a bit premature?
Yes they can as I understand things. The next step doesn't look good since it's a liberal court.
This is a good step but the struggle is far from over.
As shown by this decision, the 9th is no where near as liberal as is commonly thought. That reputation dates back to the '70s. We've had a lot of Republican appointees since then.
The fish is mute, expressionless. The fish doesn't think because the fish knows everything. August 14, 2020, 08:53 PM
konata88Sigh. Busy gateways and power outages. State is working with utilities to impede orders.

"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 August 14, 2020, 09:04 PM
hrcjonquote:
As shown by this decision, the 9th is no where near as liberal as is commonly thought.
OK you can get a decent panel sometimes. But when this goes to the full court (and it will) you will find we are still in liberal land... Sad but the likely outcome. Stand by for the State to file.
“So in war, the way is to avoid what is strong, and strike at what is weak.”
August 14, 2020, 09:11 PM
DaveLquote:
Originally posted by jhe888:
quote:
Originally posted by 220-9er:
quote:
Originally posted by SgtGold:
I don't want to be Debbie Downer here, but can't the full 9th circut reverse this decision? Is all this celebration a bit premature?
Yes they can as I understand things. The next step doesn't look good since it's a liberal court.
This is a good step but the struggle is far from over.
As shown by this decision, the 9th is no where near as liberal as is commonly thought. That reputation dates back to the '70s. We've had a lot of Republican appointees since then.
There were two Ninth Circuit judges on the panel, both of whom voted with the majority. The dissent was written by the chief judge of the Northern District of Texas sitting by designation. I wonder if anyone predicted that.
August 14, 2020, 09:25 PM
Pipe SmokerI just tried to order some 20-round mags for my 9mm P226 X5 from TGS (where I bought some during the previous brief open window). But as I neared the end of the process, I saw a “Can’t ship to your location” notice.

Serious about crackers. August 14, 2020, 09:50 PM
Windhoverquote:
Originally posted by Pipe Smoker:
I just tried to order some 20-round mags for my 9mm P226 X5 from TGS (where I bought some during the previous brief open window). But as I neared the end of the process, I saw a “Can’t ship to your location” notice.
Some vendors jumped on this early, like Brownells and Primary Arms. They sent out emails saying they will ship standard capacity magazines to California. Others, like TGS, are being more cautious, waiting for, I assume, a go-ahead from their legal department.
Chuck Michel himself doesn’t think the “ban” is lifted yet.
August 14, 2020, 10:12 PM
jljonesquote:
Originally posted by Windhover:
quote:
Originally posted by Pipe Smoker:
I just tried to order some 20-round mags for my 9mm P226 X5 from TGS (where I bought some during the previous brief open window). But as I neared the end of the process, I saw a “Can’t ship to your location” notice.
Some vendors jumped on this early, like Brownells and Primary Arms. They sent out emails saying they will ship standard capacity magazines to California. Others, like TGS, are being more cautious, waiting for, I assume, a go-ahead from their legal department.
Chuck Michel himself doesn’t think the “ban” is lifted yet.
Doubtful. The more probable explanation is that they just haven’t changed the system yet. Tom and Michelle are good folks.
August 14, 2020, 10:41 PM
WindhoverWell, someone purporting to be Top Gun Supply says they are “waiting for confirmation...”
http://www.calguns.net/calgunf...php?t=1639217&page=5August 14, 2020, 11:08 PM
medic451Im not a lawyer, but this language was pretty clear.
Now in regards to the stay issued by Judge Benitez.....
“THEREFORE, IT IS HEREBY ORDERED that the Judgment is stayed in part pending final resolution of the appeal from the Judgment. The permanent injunction enjoining enforcement of California Penal Code § 32310 (a) and (b) is hereby stayed, effective 5:00 p.m., Friday, April 5, 2019.”
Well the appeal has a resolution now doesnt it, therefore the stay is no longer in effect. I cant see any legal mechanism or statute in effect at at this exact moment that prevents you from buying any magazine you want.
"I won't be wronged, I won't be insulted, and I won't be laid a hand on. I don't do these things to other people and I require the same from them."
- John Wayne in "The Shootist" August 14, 2020, 11:37 PM
WindhoverChuck Michel’s opinion is to wait before making any purchases.
http://www.calguns.net/calgunf...thread.php?t=1639287August 14, 2020, 11:41 PM
sjtillI’m in touch with Mean Arms in GA. Just received 2 “CA-legal” 9 mm AR inserts in a Magpul magazine. Hoping to exchange them for full-cap mags, they’re supposed to call tomorrow.
_________________________
“Remember, remember the fifth of November!"
August 14, 2020, 11:46 PM
Scott in NCalquote:
Originally posted by Scurvy:
quote:
Originally posted by Scott in NCal:
quote:
Originally posted by Scurvy:
Seems like the NRA and FPC are taking victory laps on this. Do we know which one actually put in the leg work?
It was the NRA , and the state affiliate, the California Rifle and Pistol Assn.
Chuck Mitchel is the President of the California Rifle and Pistol Assn. It was his law firm, Mitchel and Associates, that represented CRPA.
I despise Wayne and his cronies as mutch as anyone. Dispite all its many and real problem, the NRA still yields the power. If the NRA irrelevant the left would not despise them so much, they would be pleased that the NRA is not effective.
So all please , send them money if you can.
The day after the ellection is the time to take them on, and the NY Attorney General gave us a big boost.
The FPC was there, so was GOA and GOC, but it was overwhelmingly a NRA / CRPA effort.
Thanks!
After the crap they pulled in Virginia this past January, I dont really trust any NRA Press release/tweets/PR etc.
I understand the frustration with the NRA.
The NRA Representative to California works out of the CRPA office. Sometimes when you call the CRPA they answer the phone NRA.
The NRA, CRPA , GOC and others are in an organization , Coalition for Civil Rights Poltitcal Action Committee. CCRPAC. It is likely that no one in the world know less about campaign finance than I do. I understand that by spending thru PAC , they do not have to name donors that give over $5000. The NRA says that all donations recieved in California were spent in California. Same thing in New York.
I despise Wayne, his Rodeo Drive shopping sprees , the chartered jets, his wifes hairdo ect. But the NRA still hits hard. We need to get rid of Wayne, and his top staff . The NRA can be better than ever.
It is a great time to be watching our Governor and the AG, they are in a pinch.
Accept the 9th circuit decision , and it is the law of the west, the 9th.
Or appeal, possibly making it the law of the land. That will over torque the Soros, Bill Gates , Getty oil money people.