9th Circuit wipes out California mag ban (buying frenzy begins today)

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Suck My Glock

Suck My Glock

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Joined
May 25, 2018
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Magazines have remained a little bit affordable during this panic,...until now. Californians are now cleared to legally stock up before the election. Which means all sellers of mags are now about to be swamped with orders from California. Goodby cheap prices. It was fun.


https://michellawyers.com/wp-content/uploads/2020/08/2020-08-14-Opinion.pdf?fbclid=IwAR0PnC46wroHW4sn1CvCWuZB6OmOCdq2TiC_rlvE1sIZIqswjB07e8xlc9A
 
Jager said:
It looks like a legal brief submitted to the court. Not a decision. I'm not seeing it being reported anywhere online.
Click to expand...

https://www.thefirearmblog.com/blog/2020/08/14/9th-circuit-strikes-down-californias-ban-on-standard-capacity-magazines/
 
Better legal explanation of the ruling....

WHAT'S NEXT: The California ban remains partially in effect until the district court issues a new order that lifts the stay of the judgement. Remember that in April 2019, following his ruling that the California magazine ban was unconstitutional, Judge Benitez ordered:

that the Judgment is stayed in part pending final resolution of the appeal from the Judgment. The permanent injunction enjoining enforcement of California Penal Code § 32310 (a) and (b) is hereby stayed, effective 5:00 p.m., Friday, April 5, 2019.

...that the preliminary injunction issued on June 29, 2017, enjoining enforcement of California Penal Code § 32310 (c) and (d) shall remain in effect.

and that

...the permanent injunction enjoining enforcement of California Penal Code § 32310 (a) and (b) shall remain in effect for those persons and business entities who have manufactured, imported, sold, or bought magazines able to hold more than 10 rounds between the entry of this Court’s injunction on March 29, 2019 and 5:00 p.m., Friday, April 5, 2019.

Thus, until a new order is issued, the above is the state of the law in the State of California. It is possible that Judge Benitez issues a new order and allows sales to re-commence, but it seems more likely that the status quo is maintained until the resolution of any en banc petition, sua sponte call for rehearing en banc, en banc proceedings, or perhaps even a petition for certiorari to the U.S. Supreme Court.
 
Well, with the 9th Circuit panel being superior to the mere District Court, it would seem the 9ths ruling does away with the lower court's injunction.
 
9th District court (3 judge panel) struck down the whole magazine ban law, declaring it unconstitutional. Appears that in the 9th district, magazine bans are unconstitutional.
Get your popcorn, this is going to get entertaining!!!!!!
 
You can thank President Obama and President Trump for this and other pro 2A decisions from the 9th Circuit Court Of Appeals.

You can thank President Obama for being too lazy to nominate judges to fill the empty positions in the 9th Circuit while he was in office.

And you can thank President Trump for nominating all the new judges that have filled all those empty positions. The face of the 9th Circuit has changed dramatically. :clap:
 
Poor Californians? What? They did this to them selves. Elected the pols that write and pass the laws, and re elected and re elected.... AND voted in gun control ballot props.

They get the gov they deserve. And it's not like there arent enough Californians who arent rabbid anti gun to have defeated this crap at the polls if they gave a shit.

There is no way I would live there. Shit, I stay in Yuma or Quartzsite if the family wants to venture past the Colorado.


The only thing good about this is Trumps judicial appointments are bearing fruit.

California is a lost cause. IMHO.
 
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Well,...it looks like Delta6 was right,...although the industry seemed to think exactly as I did.

https://www.ammoland.com/2020/08/brownells-california-standard-capacity-magazine-shipping-update/#ixzz6VVr6chw1

Iowa – -(AmmoLand.com)- Hey everyone! John from Brownells, Inc. here! We have an update for all of you in California ordering standard capacity magazines. If you're in California, please read this entire post.

Initially, our review of the recent Duncan v. Becerra 9th Circuit Court ruling led us to believe we could ship standard capacity magazines to California residents immediately. Upon further legal review, however, we are not able to begin shipping right now.
Why isn't Brownells, Inc. shipping standard capacity magazines to California now?

Although the recent ruling in Duncan v. Becerra case would seem to allow for shipment of standard capacity magazines to begin immediately, the legal transfer/possession of standard capacity magazines in California cannot happen until the case's mandate has been filed, which it has not been yet happened. Essentially, California law remains unchanged until the case's mandate has been filed.

What is happening with your order?

All standard capacity magazine orders for California are being placed on hold. With that said though, we are holding your place in line and will ship your order immediately upon the mandate's filing. We will provide you with updates on your order as developments unfold. I will also do my best to update you guys as I can.

Can California customers still order standard capacity magazines?

Yes, we will continue accepting orders for standard capacity magazines. Your order will just be placed on a hold as noted above.

We sincerely apologize for the confusion as we are doing our absolute best to serve California customers as quickly as possible. I would like to thank you guys for being so patient and understanding as we navigate our way through this!

If you would like to make changes to your order or have questions, please do not hesitate to contact us. You can call 1800-741-0015, use the live chat on our website, or reach out to me on Facebook.
 
Suck My Glock said:
Well,...it looks like Delta6 was right,...although the industry seemed to think exactly as I did.
Click to expand...

lol, even a broken clock is right twice a day... :lol:
 
https://www.thetruthaboutguns.com/brownells-donates-50000-to-crpa-for-california-magazine-limit-fight/
Brownells donates
 
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