Federal judge rules California's 10-round magazine limit is unconstitutional

[Angel Eyes]

https://twitchy.com/gregp-3534/2019/03/29/siren-federal-judge-in-california-rules-states-10-round-limit-on-magazines-is-unconstitutional-ag-becerra-and-mother-jones-hardest-hit/

Federal judge in CA grants summary judgment to plaintiffs in case challenging the state's 10-round limit on firearms magazines. Law is declared unconstitutional and is permanently enjoined from being enforced.

 

(apologies for the typo in the subject line.  I guess I got too excited)

[WLJ]

 

[Perd Hapley]

(apologies for the typo in the subject line.  I guess I got too excited)

It's better that way. If you add an l at the end, it makes it a racial slur.

[TommyGunn]

Well, that's ONE  for the Second Amendment.   Now let's see how it goes when challenged .... 

[Ben]

See! I leave and CA starts to turn pro-gun! 

[WLJ]

It's not all good news out of CA

Life in a ‘May Issue’ State: Los Angeles Moves to Cancel Remaining Concealed Carry Permits
https://www.thetruthaboutguns.com/2019/03/daniel-zimmerman/life-in-a-may-issue-state-la-moves-to-cancel-concealed-remaining-carry-permits/

[Angel Eyes]

See! I leave and CA starts to turn pro-gun! 

You should have left years ago.   

[Ben]

You should have left years ago.   

 

[gunsmith]

 
To be clear, PC 32310 is dead in it's entirety:

IT IS HEREBY ORDERED that:

1. Defendant Attorney General Xavier Becerra, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order,or know of the existence of this injunction order, are enjoined from enforcing California Penal Code section 32310.

2. Defendant Becerra shall provide, by personal service or otherwise,actual notice of this order to all law enforcement personnel who are responsible for implementing or enforcing the enjoined statute. The government shall file a declaration establishing proof of such notice.

DATED: March 29, 2019

HON. ROGER T. BENITEZ United States District Judge

[gunsmith]

ny might pressure CA to just accept it to keep it from going to scotus.

[HankB]

So if the law has been declared unconstitutional - what happens to those who have already been convicted of violating it?

[Perd Hapley]

To be clear, PC 32310 is dead in it's entirety:

IT IS HEREBY ORDERED that:

1. Defendant Attorney General Xavier Becerra, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order,or know of the existence of this injunction order, are enjoined from enforcing California Penal Code section 32310.

2. Defendant Becerra shall provide, by personal service or otherwise,actual notice of this order to all law enforcement personnel who are responsible for implementing or enforcing the enjoined statute. The government shall file a declaration establishing proof of such notice.

DATED: March 29, 2019

HON. ROGER T. BENITEZ United States District Judge

How long has it been in effect, and what does it say?

Also, will it be appealed to the 9th Circus?

[Ben]

Also, will it be appealed to the 9th Circus?

The 9th is not what it once was. Though they have a ways to go yet, conservative judges have gained ground over the last two years.

We're gonna get tired of stealth winning. 

[WLJ]

It had already been to the 9th. The 9th then kicked it back to Judge Benitez

The NRA-supported case had already been up to the U.S. Court of Appeals for the Ninth Circuit on the question of whether the law’s enforcement should be suspended during proceedings on its constitutionality. Last July, a three judge panel of the Ninth Circuit upheld Judge Benitez’s suspension of enforcement and sent the case back to him for further proceedings on the merits of the law itself.

https://www.thetruthaboutguns.com/2019/03/ttag-contributor/nra-ilas-statement-on-duncan-v-becerra/

[Ron]

I’m not tired of winning.

[MillCreek]

Living in the 9th Circuit, this warms the cockles of my heart. Just a month ago, the latest magazine ban legislation in Washington did not make it out of committee, and I am sure our AG and the Dem legislators will study this case closely in terms of future attempts at legislation.

[Hawkmoon]

The decision: http://michellawyers.com/wp-content/uploads/2019/03/Duncan-2019-03-29-Order-Granting-Plaintiffs-MSJ.pdf

[Regolith]

It had already been to the 9th. The 9th then kicked it back to Judge Benitez

Problem is the 9th likes to convene panels or en banc sessions with multiple judges to re-hear pro-gun opinions specifically to kill them. I wouldn't be surprised if that's what happens here. 

[230RN]

https://twitchy.com/gregp-3534/2019/03/29/siren-federal-judge-in-california-rules-states-10-round-limit-on-magazines-is-unconstitutional-ag-becerra-and-mother-jones-hardest-hit/

 

(apologies for the typo in the subject line.  I guess I got too excited)

In general, since you're the OP, you can change it with the "Modify" button, just like as in the rest of your post.  It's pretty rare that a title is too long;  I don't think yours is.   IIRC, sometimes it takes a while for the correction to propagate throughout the entire thread.

Very glad to hear that news.  I do believe that the radical crazy notion that the founders meant what they said is kind of soaking slowly through the judicial system.  Even in California.

I wonder what effect this might have in Hawaii, but I haven't been on their site* for almost a year.

Of course, it is bound to be appealed by the Communists, but this was good to hear.

Terry, 230RN

*
https://2ahawaii.com/index.php?action=refferals;refferedby=23

[BlueStarLizzard]

I don't know much, but I just read that California's 10 day waiting period has been spanked twice in court and they're still doing that, so how exactly is this going to work?

[Ben]

I don't know much, but I just read that California's 10 day waiting period has been spanked twice in court and they're still doing that, so how exactly is this going to work?

Also, and I might argue it's worse than the mag limit or the waiting period, is the "CA handgun list". Nothing has been done about that (though the pro-gun side constantly works on it), but it's basically just extortion in the name of safety, and IMO, a long term plan to incrementally remove most handguns from CA.

https://www.oag.ca.gov/firearms/certguns

[BlueStarLizzard]

Also, and I might argue it's worse than the mag limit or the waiting period, is the "CA handgun list". Nothing has been done about that (though the pro-gun side constantly works on it), but it's basically just extortion in the name of safety, and IMO, a long term plan to incrementally remove most handguns from CA.

https://www.oag.ca.gov/firearms/certguns

Oh, I knew about that one. I remember reading an article about how a lot of companies hate dealing with CA over that, since they have to get individual approval for each gun over stupid stuff like different finishes.

Anyway, I don't really see how this is any kind of win for the pro gun side if California is just ignoring court rulings on the subject. It will be a win when they actually get their state to comply with these court rulings.

[Hawkmoon]

I don't think they can ignore this one. The ruling says that, "Defendant Attorney General Xavier Becerra, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order,or know of the existence of this injunction order, are enjoined from enforcing California Penal Code section 32310 [the law]." That means they cannot enforce it, per court order. If any police officer does enforce it, it will open up that officer, his/her department, and the state AG to a slam dunk lawsuit for deprivation of rights under color of law. That's a federal offense.

[Angel Eyes]

In general, since you're the OP, you can change it with the "Modify" button, just like as in the rest of your post.  It's pretty rare that a title is too long;  I don't think yours is.   IIRC, sometimes it takes a while for the correction to propagate throughout the entire thread.

Actually it is too long.  Oh well.

[Angel Eyes]

Oh, I knew about that one. I remember reading an article about how a lot of companies hate dealing with CA over that, since they have to get individual approval for each gun over stupid stuff like different finishes.

... and the manufacturer has to pay a fee for each model certified.  So it's really just a shakedown by the state.