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California 10 Round Magazine Limit Just Declared Unconstitutional
In a long opinion carefully crafted to better withstand review by the 9th Circuit, the Judge applied Heller to find the 10 round limit violated the Second Amendment. You can see the opinion here:
Here are a few non-legal highlights. Instead of beginning with a dry description of the issue to be decided, the Opinion opens with the stories of several California victims who ran out of ammunition .
The Court repeatedly chastises the State for the quality of evidence presented to justify the law. It also calls out the Attorney General for several (serious) mistakes in the law cited to the Court.
For example, in arguing that such bans had historical precedent, the AG cited laws from South Dakota and Virginia. The Court pointed out that the cited laws actually banned “machine guns” and only for “aggressive or offensive” use. Possession for self-defense was perfectly legal. (Opinion, pp. 29-31). The AG made many other similar blunders and the Court pounced on all of them.
Since a primary justification for the law was mass shootings, the Court finally reviewed the data on such events in California and demonstrated just how little impact the law had – or could have had – in limiting the casualties from such events. Given that, it could not possibly be a justified intrusion upon the Second Amendment rights of law-abiding citizens even under a more strict scrutiny analysis.
@JoeFridaySays I applaud the effort but that’s a feel good measure that will die a swift and violent death at the 9th circuit. A stay of execution if you will.
@Kona There is no question the 9th is anti-gun but this Judge has written a post Heller opinion that will make it hard for them to reverse. And if/when they do reverse it the error will be so obvious the chances for cert by the Supreme Court will be good. But you may be right that they are so anti-gun they will find a way to reverse no matter what.
He left out my favorite mathematical argument based on the NY City hit percentage study though. It probably wasn’t made to him. I personally think that argument plus Heller absolutely wins the day on any magazine limit under 30 or so.
@JoeFridaySays it’s pretty scary the thought of a bunch of supposedly fair and impartial judges huddled in their chambers gnawing their finger nails to nubs stressing over how to block this instead of how to apply the Constitution to Americans without personal bias.
Gee, are they going to ban cars…?
Whoops, I believe a Democrat named Alexandria Ocasio-Cortez wants to ban cars…
How Stupid is that!
AOC is a perfect example of what colleges are turning out today. A 6th grader in 1950 was smarter than a college grad today.
And they didn’t hug goats, unless they lived on a farm and it was their personal pet.
A Kentucky Congressman asked her to tour a coal mine with him to see how her Green New Deal would affect the industry and she supposedly accepted. I’m not holding my breath for it to actually happen, but it will be a hoot if it does.
Holy cow, I can buy standard mags now! You don’t know how excited I am, got a few happy sticks conning my way
One of the engineers at the hotel, young guy in his early twenties, is so happy with the California ruling, he’s walking around all this week with a loaded 30rd AR magazine in the leg pocket of his cargo pants to celebrate.
Warmed me to the coggles of my heart😊
Yep already spent my paycheck on mags this weekend, and this Friday is payday lol! That is a great way to celebrate @Boomchucker! Last Friday made me so darn happy! Even got more work done on my 4runner then I anticipated! This last weekend was awesome! Got shipping notification of my happy sticks!
Don’t get too crazy or buy more than you can afford to park outside the state at least temporarily. @Kona is right that the 9th Circuit could reverse the decision and then you have to hope the Supreme Court decides to hear and reverse it. They don’t have to grant a hearing and actually take only a very small percentage of the cases where review is sought.
@JoeFridaySays @Texprep No I didn’t buy to many, I overstated or exaggerated a bit lol. Well the ag did just make a statement regarding that it’s ok to buy/own them. But any of our mag laws always have grandfather clauses in the bill saying if you already owned them or something like that then you can keep and use them. Plan is to get out of kommiefornia asap. This state is sinking faster then the titanic and Exxon Valdez combined.
Yes, I live in Missouri. Not only do we have Constitutional Carry, Our State Senate just passed a Bill to make Missouri a Gun Sanctuary State, it would make it illegal for anyone to enforce any gun laws in the State of Missouri to include the NFA. It is expected to pass the House soon, then it’s off to the Governors desk.
I have not had time to read the actual Order, but the News summaries suggest the Judge has set up a run to the Gun Stores. They indicate the only thing stayed is the injunction against enforcement of the SALE of high capacity magazines and it goes into effect at 5:00 today meaning they can be sold until then.
The injunctions against enforcing the bans on POSSESSION remain in effect pending appeal. So owning them will remain “legal” unless and until the decision is reversed.
The actual Order is Here:
The relevant language is below, but I need to check the Code sections cited and the Order to confirm the article’s interpretation. The last paragraph is pretty clear though.
THEREFORE, IT IS HEREBY 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.
IT IS HEREBY FURTHER ORDERED that the preliminary injunction issued on June 29, 2017, enjoining enforcement of California Penal Code §32310 © and (d) shall remain in effect.
IT IS HEREBY FURTHER ORDERED 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. Dated: April 4, 2019.
@JoeFridaySays that’s what I got from it. Those who ordered between 3/29 and 4/5 at 5:00pm are gtg even if their order takes longer to get here. Brownells is honoring orders up to 5:00pm Honestly this is such an unenforceable law.
The Red Flag laws that I have seen or heard of are some of the scariest laws ever! No due process. Unreasonable search and seizure. No crime committed. No accountability. Life threatening (example: what happened on one of the confiscation runs in Maryland - homeowner killed!). No compensation for guns taken (and ammo, too, I presume).
How do they justify such laws? - clearly unconstitutional!