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Old 04-25-2019, 10:59 AM
Chewy65 Chewy65 is offline
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This isn't a train and there is no station. The key is when a LCM was "bought" and "sold".

Quote:
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.
While the above is read by some as meaning the injunction against enforcing 32310 against persons doing any of the above remains in force for acts done after Freedom Week, that is nonsense. You have to read the quoted part of the Order in context with its entire 6 pages.

The problem many have is they attempted to buy magazines during FW that have yet to ship. If they will be shipped from outside of California the issue is importation, but that is not an issue if you bought or sold during FW.

This is why I say it all turns on when the sales transaction took place. What is customary may not be the same as what you agreed to with your seller. No one size fits all. I simply don't understand why someone thinks the ship has left the dock, for magazines bought within the designated period.

I have undoubtedly forgotten much and retained very little about sales law, but are we talking about when title passes or simply when a purchase was made. If the vendor requested payment by means of a credit card and you tendered payment by a valid credit card, if the terms of the order were clear, you probably completed a purchase unless the seller somehow reserved the right to later decide to accept your order. Some online sellers may have done so regarding out of stock product. I don't know if that is considered a completed purchase. Arguably, the seller having failed to agree to the order until after FW, the transaction took place after the train left the station.

This is not like the situation in which a vendor puts up the description and price at which merchandise if offered. Such is called a unilateral offer and all that is needed to complete the agreement is to accept the terms, which usually means filling in the order form and giving them your credit card information.

Some of the sellers with terms reserving the right not to accept your order may have been advised not to ship since everything will have gone down, as far as when the magazine is sold, bought, or imported until after FW.
Some may not even have been manufactured during it.
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This is neither legal advice nor a legal opinion.
Being on “inactive status” with the State Bar of California I cannot practice law. Were I "active", you would not be entitled to rely on my posts because you are not my client.
Were I practicing, an attorney client relationship could only be created in a writing by both the client and myself. Not by a post, private message, or email.
I never practiced criminal nor firearms law.Do not rely on my post, but consult your own attorney.

Last edited by Chewy65; 04-25-2019 at 11:06 AM..
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