CA Mag Ban Unconstituional

[Corpral_Agarn]

Past does not equal to the future.

What a business owner does with his/her business is his/her business.

What I do with my money legally is none of his/her business. If he or she does not want to sell legal "arms"/magazines to me, then I will simply buy from someone else who will.

Simple.

I feel like you think I am disagreeing with you.

I'm not.

 

[LiveLife]

YES! Now Brownell's is shipping to CA as of 4:30 PM PST - https://docs.google.com/spreadsheets/d/1LP1NCp0MjBoeDp6tc6ddb2dKKIAdqxU0qubnEANW4dc/edit#gid=0

I feel like you think I am disagreeing with you.

I'm not.

Oh, believe me, we are in full agreement and on the same page.

Kinda too excited and had too many bottles of diet A&W Root Beer in celebration.

 

[Corpral_Agarn]

YES! Now Brownell's is shipping to CA as of 4:30 PM PST - https://docs.google.com/spreadsheets/d/1LP1NCp0MjBoeDp6tc6ddb2dKKIAdqxU0qubnEANW4dc/edit#gid=0


Oh, believe me, we are in full agreement and on the same page.

Kinda too excited and had too many bottles of diet A&W Root Beer in celebration.

lol

K then!

My own excitement is beyond measurable. Lots of friends of mine are pretty excited too.

 

[LiveLife]

After DECADES of 2A erosion in California, can't help but to celebrate and enjoy this win as I await the inevitable stay BUT wait, there's more.

If appeal is made at 9th Circuit, the 9th judges have to consider the following:

1. Rule against the ban and 9th states (Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Oregon, Washington) have legal larger than 10 round capacity "arms"/magazines.
2. Rule for the ban and case goes to the SCOTUS and the entire country have legal larger than 10 round capacity "arms"/magazines.

If you were 9th judge, what would you do?

I am fine with either of the two options.

AND there is even more!

Since federal judge ruled magazines "arms", there's the issue of ammunition ban for California.

That's right, the state cannot place restriction on ammunition as "common use" did not have limit that still applies today.

< OH, NO ... says Gavin Newsom >

 

[LiveLife]

Now MidwayUSA and Natchez shipping to CA - https://docs.google.com/spreadsheets/d/1LP1NCp0MjBoeDp6tc6ddb2dKKIAdqxU0qubnEANW4dc/edit#gid=0

WooHoo!

 

[LiveLife]

BREAKING NEWS: As anticipated, California DOJ files a motion asking Court to stay its ruling allowing acquisition of 10+ round magazines in California. Opposition filing coming soon. - https://twitter.com/CRPAPresident/status/1112864234180759554

Court documents - http://michellawyers.com/duncan-v-becerra/

Now the fun begins.

 

[LiveLife]

People are posting they have started receiving larger than 10 round capacity "arms"/magazines.

The buying frenzy will only exponentially grow now that CA DOJ has filed the motion asking for stay.

BUY, BUY, BUY!

 

[LiveLife]

Wait,

CA AG is asking the same judge who just destroyed their best argument with an 86 page order and judgement now to stay his own order for the same reasons why he ruled unconstitutional?

Really? Wow ... They must be desperate ... or crazy.

I am not seeing judge Benitez granting a stay.


http://michellawyers.com/duncan-v-becerra/

"To effectively preserve the status quo, and to prevent a sudden influx of large capacity magazines (LCMs) into the State of California (the “State”), Defendant respectfully requests that the Court issue an immediate, temporary stay pending its ruling on the application for a stay pending appeal.

Even if this Court, or the Ninth Circuit, ultimately issues a stay pending appeal, the State will suffer irreparable injury if LCMs are permitted to flow into the State in the interim. Defendant respectfully requests that such a temporary stay be issued by no later than April 2, 2019."

Oooops, too late as vendors started shipping "arms"/magazines and people have made out-of-state purchases.


"... the State will suffer irreparable injury if LCMs are permitted to flow into the State in the interim"

I could just hear judge Benitez asking, "How?" as significant number of LCMs ALREADY existed in the state for decades.

 

[LiveLife]

Michel & Associates probably will get their opposition on file tomorrow and I wonder how long judge Benitez will take to say yes/no on the stay ... If end of the week, it will allow Californians to purchase millions of "arms"/magazines.

I could just hear MagPul and other "arms"/magazine manufacturers operating on 24/7 basis to meet the demand.

BUY, BUY, BUY!

 

[carpboy]

This is a great example of Activism,Civil Disobedience,and the Force Of The Market coming together to move mountains.I am reminded of what happened during the 20s and early 30s when Prohibition was the law of the land.

 

[LiveLife]

Of course, us law abiding gun owners and patriots will absolutely endorse doing the "legal" thing during the "legal" window while courts sort things out.

But by God, we will certainly exercise our 1A/2A when we can!

Spread the word.

 

[Frank Ettin]

Wait,

CA AG is asking the same judge who just destroyed their best argument with an 86 page order and judgement now to stay his own order for the same reasons why he ruled unconstitutional?....

Yes, when asking that an injunction be stayed pending appeal the first stop is the judge who issued the injunction. That's standard procedure, and sometimes he will grant the stay.

If the trial judge won't issue a stay, the next stop will be the 9th Circuit.

 

[Frank Ettin]

I'm going to close this for now. While there was a lot of very interesting law in Judge Benitez' memorandum opinion, it appears that no one wanted to have a serious discussion about it. It was an opportunity [now a missed opportunity] to expand one's understanding of the law. Instead folks wanted to party. I can understand that, which is why the thread has run as long as it has.

After the question of a stay has been decided, the case can be revisited in a new thread.