Judge Declares California Magazine Ban Unconstitutional

[Quiet]

What the Judge wrote...

IV. CONCLUSION

Magazines holding more than 10 rounds are “arms.” California Penal Code Section 32310, as amended by Proposition 63, burdens the core of the Second Amendment by criminalizing the acquisition and possession of these magazines that are commonly held by law-abiding citizens for defense of self, home, and state. The regulation is neither presumptively legal nor longstanding. The statute hits at the center of the Second Amendment and its burden is severe. When the simple test of Heller is applied, a test that persons of common intelligence can understand, the statute fails and is an unconstitutional abridgment. It criminalizes the otherwise lawful acquisition and possession of common magazines holding more than 10 rounds – magazines that lawabiding responsible citizens would choose for self-defense at home. It also fails the strict scrutiny test because the statute is not narrowly tailored – it is not tailored at all. Even under the more forgiving test of intermediate scrutiny, the statute fails because it is not a reasonable fit. It is not a reasonable fit because, among other things, it prohibits lawabiding concealed carry weapon permit holders and law-abiding U.S Armed Forces veterans from acquiring magazines and instead forces them to dispossess themselves of lawfully-owned gun magazines that hold more than 10 rounds or suffer criminal penalties. Finally, subsections (c) and (d) of § 32310 impose an unconstitutional taking without compensation upon Plaintiffs and all those who lawfully possess magazines able to hold more than 10 rounds.

Accordingly, based upon the law and the evidence, upon which there is no genuine issue, and for the reasons stated in this opinion, Plaintiffs’ motion for summary judgment is granted. California Penal Code § 32310 is hereby declared to be unconstitutional in its entirety and shall be enjoined.

[SteyrAUG]

Gonna say what I said on September 13, 2004..."it might be a very short window, start buying now as if it could end next week."

I was wrong back in 2004, but I don't regret a single purchase I made. I was so flush with things like magazines that when the Sandy Hook Panic buy started I was able to flip 100 pmags for more than 5 times what I paid for them and never even felt the loss. Also unloaded some redundant rifles that I spent less than $1000 on for more than twice that amount.

When the Sandy Hook ban never happened, I was able to drop those funds into more mags and more rifles. Thanks to Clinton and Obama ban efforts I was able to turn semi autos into some NFA stuff.

[vicious_cb]

Magpul needs to do another "airlift" and flood california with pmags as a giant "**** you" to these liberal democrats.

[NWPilgrim]

Kudos to Palmetto State Armory for being one of the first retailers to aggressively move on this opportunity for Californians! Every retailer and manufacturer that responds to this emergent need ought to be remembered as a friend of the 2A and gun owners.

[Diamondback]

Kudos to Palmetto State Armory for being one of the first retailers to aggressively move on this opportunity for Californians! Every retailer and manufacturer that responds to this emergent need ought to be remembered as a friend of the 2A and gun owners.

Depends how fast PSA turns 'em around. Given how slow they have a rep for being... what happens if the Nutty Ninth Circus (Piss Be Upon Them) overturns with mags still in the mail?

[Moose-Knuckle]

Saw an advert this evening on social media that PSA is running D&H USGI thirty rounders with Magpul followers for $6.99 in response to this. Rainier Arms is also shipping to CA.

[_Stormin_]

And this is why you care about the courts more than anything... I have little doubt that the 9th will ruin this one, but until then it's game on for California. The thing that I have a tough time with is how on earth a higher court would disagree with the extremely cogent arguments laid out by the judge in this ruling, but far be it from me to expect them to make sense.

[BrigandTwoFour]

And this is why you care about the courts more than anything... I have little doubt that the 9th will ruin this one, but until then it's game on for California. The thing that I have a tough time with is how on earth a higher court would disagree with the extremely cogent arguments laid out by the judge in this ruling, but far be it from me to expect them to make sense.

That's going to be the interesting thing to see.

Benitez basically called out the state for not providing any evidence if why their 10 round limit was appropriate. The California AG provided a Mother Jones article about mass shootings, but no actual research on the topic. On the other hand, the plaintiffs provided stacks of peer-reviewed documents about ddefensive gun uses.

The only way the 9th gets away with ignoring this is the "deference" argument, where the judiciary says that they defer to the legislature on the matter. That's worked in the past. But this time it was a ballot initiative voted on by the general public, so there was no legislature involved. In either case, Benitez called out the deference argument as inappropriate for a constitutional matter.

I actually think a a 3-judge panel for the 9th will agree with Benitez. What remains to be seen is the result of the en-banc challenge that follows. Mental gymnatics abound, for sure.

But we're talking 4-5 more years for that.

[Bulletdog]

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".

THIS is the explanation I was looking for. Solves everyone's problems. With this and the existing "repair and re-furbish" clause, we are all set.

Of course my preference would be to see the 10 round mag ban go to SCOTUS and be stricken down countrywide. Then I want to roll up the paper with the SCOTUS ruling on it and whap a whole bunch of idiot leftists upside the head with it.

I want to send this judge a thank you card and a case of his favorite candy or drink, or both!

[Bulletdog]

Magpul needs to do another "airlift" and flood california with pmags as a giant "**** you" to these liberal democrats.

YESSSSSS!!!! Yes PLEASE!!!!