Project Appleseed

Your Appleseed State Board => California (bob 210 and Camljr) => Topic started by: hardlyworking on April 01, 2019, 01:51:50 PM

Title: Std capacity magazine ban overturned by federal judge
Post by: hardlyworking on April 01, 2019, 01:51:50 PM
Just spreading the word -
Federal Judge has ruled as unconstitutional the entire "Large" capacity magazine ban, including import and possession, on a preliminary injunction.

So as of Friday March 29th 2019, and until our AG files an emergency stay (expect that ASAP) the law is enjoined and unenforceable.

Not sure how long you'll have but if you wanted to buy standard capacity magazines for any of your magazine fed arms, NOW is the time while it is currently completely legal.  Of course first you have to find some in stock because just about everywhere is sold out, I would guess something well north of a million standard capacity magazines are inbound to doorsteps all over California.
Title: Re: Std capacity magazine ban overturned by federal judge
Post by: eaglescouter on April 01, 2019, 02:31:42 PM
Legal minds see some potential problems in the ruling, here is Sunday evening audio from Tom Greshams GunTalk radio program where he discusses this judgement with CRPA President and Attorney Chuck Michel:


worth a listen, start at 22:45:
http://guntalk.libsyn.com/advanced-firearm-training-gun-talk-radio-33119-c


Just spreading the word -
Federal Judge has ruled as unconstitutional the entire "Large" capacity magazine ban, including import and possession, on a preliminary injunction.

So as of Friday March 29th 2019, and until our AG files an emergency stay (expect that ASAP) the law is enjoined and unenforceable.

Not sure how long you'll have but if you wanted to buy standard capacity magazines for any of your magazine fed arms, NOW is the time while it is currently completely legal.  Of course first you have to find some in stock because just about everywhere is sold out, I would guess something well north of a million standard capacity magazines are inbound to doorsteps all over California.
Title: Re: Std capacity magazine ban overturned by federal judge
Post by: eaglescouter on April 01, 2019, 09:04:53 PM
And California has asked that the judgement be blocked by April 5, potentially closing the window.

http://michellawyers.com/wp-content/uploads/2019/04/2019-04-01-Defendants-Ex-Parte-to-Stay-Judgment-Pending-Appeal.pdf
Title: Re: Std capacity magazine ban overturned by federal judge
Post by: malabar on April 02, 2019, 12:44:03 AM
This is going to be very interesting.

The stay is likely to be granted. The reason is that the court is not likely to allow a major public policy change on the basis of a summary judgement (judge's decision without trial).

Summary judgement motions are rarely granted. The judge's decision to grant one, and then spend 80+ pages justifying his decision, shows that he is expecting it to go to the Supreme Court.

As of now, there are three judges who would vote to hear this case -- Gorsuch, Thomas and Kavanaugh. That means they need one more Justice to get a new case in front of the Supremes. That will likely by Alito. A Supreme Court decision upholding this judge's reasoning would mean the end of "Assault Weapon" bans -- because it upholds the principle that guns commonly in use cannot be banned -- only those the are both "dangerous and unusual."

This is going to be very interesting....
Title: Re: Std capacity magazine ban overturned by federal judge
Post by: hardlyworking on April 02, 2019, 09:22:48 AM
Alito joined Thomas on a denial of cert opinion re: 2nd Amendment case, so I think he's definitely in the "roll back unconstitutional stuff" camp.

Agree with your assessment of the summary motion, and yes to Eaglescouter, that's why I posted this so folks could act fast, of course AG Becera was going to file for emergency stay.  I wouldn't be surprised at all if somewhere north of 10 million LCMs are headed to CA on delivery trucks right now.  And we can't have THAT!
Title: Re: Std capacity magazine ban overturned by federal judge
Post by: AF5US on April 02, 2019, 10:52:02 AM
Disclaimer: I am not advocating for any activity that might break state law and invite prosecution.

Another interesting point in all of this is that the plausible deniability "clock" has already been reset. 

Example: These bans have been in place for roughly two decades.  Magpul's PMAGs were released in 2007 at shot show.  Therefore, even without serial numbers any PMAG located BEFORE this ruling was automatically understood to be illegal.  But NOW . . . Even if an injunction is filed within the next few days, a shooter could potentially get PMAGs across state lines months or years from now.  At that point, there's no way to differentiate between magazines brought in legally during a (very short?) window, and magazines brought in "illegally."
Title: Re: Std capacity magazine ban overturned by federal judge
Post by: Nashville Stage on April 04, 2019, 02:33:03 PM
It looks like the floodgates have opened. I've received emails from several companies (Odin Works & DS Arms) advertising that they are now shipping magazines over 10 rounds to California.