Author Topic: Federal judge rules California's 10-round magazine limit is unconstitutional (Read 5342 times)

JN01 · « **Reply #25 on:** March 30, 2019, 02:55:20 PM »

Judge Benitez:

Quote

This decision is a freedom calculus decided long ago by Colonists who cherished individual freedom more than the subservient security of a British ruler. The freedom they fought for was not free of cost then, and it is not free now.

Angel Eyes · « **Reply #26 on:** March 30, 2019, 10:03:39 PM »

Quote from: fistful on March 29, 2019, 09:26:31 PM

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

Most of it has been in effect since 1/1/2000. The original legislation banned manufacturing, importing into California, selling, giving or lending normal-capacity magazines. Possession remained legal.

A loophole in the wording still permitted buying and receiving such mags. That was closed in 2014.

A ballot initiative in 2016 amended the section to prohibit possession, but that was never enforced due to an injunction.

Regarding what it says: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=32310.

Angel Eyes · « **Reply #27 on:** March 31, 2019, 12:45:14 AM »

Courtesy of the good folks at Calguns, here is a list of vendors now willing to sell normal-capacity mags to California residents:

https://docs.google.com/spreadsheets/d/1LP1NCp0MjBoeDp6tc6ddb2dKKIAdqxU0qubnEANW4dc/edit#gid=0

MechAg94 · « **Reply #28 on:** March 31, 2019, 10:19:37 PM »

I saw a couple of emails from companies now shipping mags to Cali. I wonder if this will create a short term buying spree?

WLJ · « **Reply #29 on:** March 31, 2019, 10:29:15 PM »

On budsgunshop.com

Quote

Unfortunately, we are still unable to sell high capacity magazines to our CA customers. The recent court ruling only blocked a 2016 law that would have made high capacity magazines already owned by CA residents illegal to possess or sell.

Correct or not?

Angel Eyes · « **Reply #30 on:** March 31, 2019, 10:41:20 PM »

Quote from: WLJ on March 31, 2019, 10:29:15 PM

On budsgunshop.com

Correct or not?

IANAL, but I believe not correct.

The court ruling declared section 32310 in its entirety unconstitutional. I posted a link to that section a few posts back.

Primary Arms, keepshooting.com, and grabagun.com are shipping, as are quite a few others.

Viking · « **Reply #31 on:** April 01, 2019, 04:24:22 AM »

According to Facebook, several retailers are now reporting that their stocks of standard capacity mags for just about everything is depleted or nearly so.

MechAg94 · « **Reply #32 on:** April 01, 2019, 10:26:07 AM »

Quote from: Joy Behar on March 31, 2019, 10:41:20 PM

IANAL, but I believe not correct.

The court ruling declared section 32310 in its entirety unconstitutional. I posted a link to that section a few posts back.

Primary Arms, keepshooting.com, and grabagun.com are shipping, as are quite a few others.

I saw an email from Gunmagwarehouse saying they would ship to Cali also.

Firethorn · « **Reply #33 on:** April 01, 2019, 01:18:54 PM »

Quote from: Don Jr. on March 31, 2019, 10:29:15 PM

On budsgunshop.com

Correct or not?

Probably not the interpretation of a lawyer, or if a lawyer, an excessively conservative one.

However, I can certainly understand some businesses waiting a bit. Both because they can raise prices during the "shortage" after other business stock is done, plus it gives a short time period to see if it shakes out different legally anyways.

Angel Eyes · « **Reply #34 on:** April 01, 2019, 02:24:00 PM »

Just got an email from Brownells stating they will also ship to California.

WLJ · « **Reply #35 on:** April 01, 2019, 02:37:48 PM »

Firethorn · « **Reply #36 on:** April 01, 2019, 04:39:25 PM »

How many year's supply do you figure is flowing into California at the moment?

I figure about 30. 20 years of pent up demand, plus 10 years or so for "fear that they'll get banned again."

WLJ · « **Reply #37 on:** April 01, 2019, 05:09:34 PM »

Was just in my local gun store and the owner was pissed off because she couldn't found AR mags anywhere. Said all the distributors were cleaned out.

WLJ · « **Reply #38 on:** April 01, 2019, 05:18:48 PM »

Just checked a couple of online vendors and they're cleaned out of most AR type mags over 10rds.

Angel Eyes · « **Reply #39 on:** April 01, 2019, 05:50:36 PM »

Sorry about that. Pent-up demand.

Angel Eyes · « **Reply #40 on:** April 01, 2019, 09:20:22 PM »

To no one's surprise, California's attorney general has asked for a stay while he appeals the matter to the 9th Circuit.

Quote from: http://michellawyers.com/

PLEASE TAKE NOTICE that Defendant Xavier Becerra, in his official capacity as the Attorney General of the State of California (“Defendant”), hereby does apply to this Court for an order, under Federal Rule of Civil Procedure 62, staying the Judgment entered in this action on March 29, 2019 (Dkt. No. 88) pending appeal to the United States Court of Appeals for the Ninth Circuit. Specifically, Defendant requests that the Court stay the Judgment which declares California Penal Code section 32310 unconstitutional and enjoined from enforcement to preserve the status quo pending appeal as it existed prior to entry
of the Judgment, whereby, during the pendency of the appeal, section 32310(a) and (b) will remain in effect and section 32310(c) and (d) will remain subject to the preliminary injunction issued on June 29, 2017 (Dkt. No. 28). Defendant respectfully requests that this Court rule on this stay application by April 5, 2019.

MechAg94 · « **Reply #41 on:** April 01, 2019, 11:12:35 PM »

I didn't notice mags out of stock, but I did notice mags that were previously on sale were no longer on sale.

gunsmith · « **Reply #42 on:** April 01, 2019, 11:55:41 PM »

Quote from: Joy Behar on April 01, 2019, 09:20:22 PM

To no one's surprise, California's attorney general has asked for a stay while he appeals the matter to the 9th Circuit.

oh, they always take forever and ever to rule in favor of 2A - this however must be heard right away

T.O.M. · « **Reply #43 on:** April 02, 2019, 07:00:32 AM »

I stopped by LGS yesterday to pick up a couple of things I needed...cleaning supplies. Owner said he's had several inquiries on his web page about selling/shipping mags to Cali. He said he's going to wait a bit longer to see what happens before diving in. Wants to avoid any legal issues.

brimic · « **Reply #44 on:** April 02, 2019, 02:06:18 PM »

I noticed that PSA is out of stock on most standard capacity AR-15 and Glock Pmags. They still had Gen-1 Pmags left though...

Angel Eyes · « **Reply #45 on:** April 02, 2019, 03:43:32 PM »

https://www.calguns.net/calgunforum/showthread.php?p=22838733

Quote

Was just on the phone with Brownells costumer service regarding an RMR glock 19 slide. She apologized for the long wait times and said it has been crazy with the magazine orders from CA.

She then says they have sold 350,000!!!! MAGAZINES!!!

Ben · « **Reply #46 on:** April 02, 2019, 05:59:57 PM »

Hey, can somebody let me know what a "normal" price for 5.56 30 round Pmags should be? I'm assuming the prices just went up from demand, so when I get my first M4gery in a couple of weeks I'll know if I can buy a bunch of mags, or just get a few and wait for CA demand to drop, along with price.

BobR · « **Reply #47 on:** April 02, 2019, 06:04:20 PM »

9 or 10 bucks.... usually. IIRC

bob

WLJ · « **Reply #48 on:** April 02, 2019, 06:09:27 PM »

Quote from: BobR on April 02, 2019, 06:04:20 PM

9 or 10 bucks.... usually. IIRC

bob

I wish

Gen 2
Non-windowed: $11-14
Windowed: $13-15

Gen 3 add $2-3

BobR · « **Reply #49 on:** April 02, 2019, 06:20:17 PM »

Quote from: Don Jr. on April 02, 2019, 06:09:27 PM

I wish

Gen 2
Non-windowed: $11-14
Windowed: $13-15

Gen 3 add $2-3

I guess its been a while since I did one of those buy 10 for this price buys from Brownell's. I still have a bunch of them still in the plastic.

bob

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Author Topic: Federal judge rules California's 10-round magazine limit is unconstitutional (Read 5342 times)