Judge Declares California Magazine Ban Unconstitutional

[tb-av]

We couldn't even get an injunction here in NJ.

Allow me to be the cynical ass for a moment. Cali will request an En Banc hearing, the court will grant it and overturn the decision. NRA will petition to SCOTUS and they will decline. Law will go back to being enforced. Anyone wanna bet $5? lol

Being an eternal optimist ( the magazine is half full ) and not from CA, I'll take that $5 bet. It's like the Judge says,, if they win this, they render the 2nd meaningless. We can win this.

[Biggy]

I predict a feeding frenzy.

[ralph]

The 9th won’t let this stand.


Sent from my iPhone using Tapatalk

No they won't.. Pelosi, and Finestien have built their entire careers around gun control..You can bet they're making phone calls, and making deals right now..

[SkiDevil]

There is a thread on TOS with a list of dealers selling/ shipping magazines to California. It stated that Bronwnells's and Palmetto State Armory will be shipping in a few days.

Good news for the non-exempt folks here in CA.

P.S. A couple of sites have crashed already from the traffic. Maybe 44mag will be resurrected. LOL

[THCDDM4]

I certainly hope that this sticks for CA and moves up to SCOTUS for a final ruling on the matter for other mag cap limit states. Mag capacity limits are unconstitutional for sure not to mention just plain stupid, unenforceable and they don't stop folks from getting standard capacity magazines anyways.

I will celebrate in grand fashion the day CO mag cap laws are struck down.

[Alex V]

Being an eternal optimist ( the magazine is half full ) and not from CA, I'll take that $5 bet. It's like the Judge says,, if they win this, they render the 2nd meaningless. We can win this.

We will have to remember this in a few months when the appeal goes through. You're on!

I agree with the judges ruling, but you know how the 9th is.

[3ACR_Scout]

I don’t know much about CA laws, but I was under the impression that there was no grandfathering of “pre-ban” magazines. If that’s the case, that would seem to mean (to me) that if the ruling is overturned by a higher court, all the mags that people are rushing to buy during the injunction will be illegal again. Or am I misinformed about the grandfathering?

[Quiet]

Posted 3 hours ago on social media...

[SkiDevil]

I don’t know much about CA laws, but I was under the impression that there was no grandfathering of “pre-ban” magazines. If that’s the case, that would seem to mean (to me) that if the ruling is overturned by a higher court, all the mags that people are rushing to buy during the injunction will be illegal again. Or am I misinformed about the grandfathering?

Through a voter initiative and State legislation the "Grandfather" clause was recently eliminated. There is a large amount of information about the whole mess on Calguns

Link:

SB 23 - New Laws Pertaining to Large Capacity Magazines and Assault Weapons IB 12-17-1999 - California Department of Justice - CA.gov

P.S. Quiet (posting above) is an expert, he could fill-in you in better than I.

[Quiet]

I don’t know much about CA laws, but I was under the impression that there was no grandfathering of “pre-ban” magazines. If that’s the case, that would seem to mean (to me) that if the ruling is overturned by a higher court, all the mags that people are rushing to buy during the injunction will be illegal again. Or am I misinformed about the grandfathering?

CA laws prohibited the making, importing, and transferring of 11+ round magazines after 01-01-2000.

If you obtained the 11+ round magazine before 2000 or legally obtained it after 1999, you are still legally able to possess it.

CA laws changed in 2016 and starting 07-01-2017, it would be illegal for non-exempt persons to possess 11+ round magazines.
Examples of an exempt person would be a LEO or a FFL with a CA DOJ large capacity magazine permit.

A lawsuit (Duncan v Becerra) was filed in 2017 challenging the change to the CA laws that made possession illegal.

Prior to 07-01-2017, an injunction was issued by the lower Federal Courts preventing enforcement of making possession illegal.
CA DOJ appealed this injunction to the Ninth Circuit Court of Appeals, which decided that the lower Federal Court was correct in issuing the injunction.

On 03-29-2019; the lower Federal Court ruled that CA's prohibition on making, importing, transferring, and possessing 11+ round magazines to be unconstitutional.

Speculations...

Are CA AG/DOJ will appeal the lower Federal Court ruling ASAP (next week?) and seek an emergency injunction to stop it for going into effect while they appeal the ruling to the Ninth Circuit Court of Appeals.

Therefore...

Any 11+ round magazine obtained since the 03-29-2019 ruling to when an emergency injunction is issued by the Ninth Circuit Court of Appeals, would have been legally obtained and considered "pre-ban".