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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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  #1  
Old 06-10-2020, 6:01 PM
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Default Pheng Yang, large-cap mag - Found Factually Innocent

Freedom week case going to trial
https://abc30.com/freedom-week-used-...arges/6241874/
Quote:
The Tulare County District Attorney's Office filed a felony charge against 27-year-old Pheng Yang in March this year for violating the state's law on high capacity ammunition magazines.
Appears to be case VCF394046, https://efiling.tulare.courts.ca.gov...de/364/1626910

// Librarian

Last edited by Librarian; 06-11-2020 at 1:51 PM..
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  #2  
Old 06-10-2020, 6:05 PM
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Will keep an eye on this, are you Pheng? If so good luck!
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  #3  
Old 06-10-2020, 6:06 PM
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So it begins. I guess we'll find out if Freedom week really was freedom.
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Old 06-10-2020, 6:07 PM
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No I’m not the guy, just saw it on tonight’s news. Hoping for the best
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  #5  
Old 06-10-2020, 6:07 PM
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God damn California is so ****ed so its legal for us to own these but we can still get in trouble for having them. I dont know how they are going to prove where and when we purchased these like if we bought them out of state with cash?
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Old 06-10-2020, 6:12 PM
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Lotta bad information there. 15rd? Judge Benitez "decided that the large-capacity magazine ban should continue to be enforced "

no that's not what he did.

And WTF is up with the Tulare County DA?

There's more to this than is being told.
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Old 06-10-2020, 6:13 PM
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I hope the right people are involved in the defense. This could be a biggie.
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Old 06-10-2020, 6:14 PM
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Testimony. “I bought this during Freedom Week.” (Assuming that is the truth). Now as a practical tip, if you live with a parolee make sure your bedroom door has your name on it and a lock only you have the combo to. Better yet, don’t live with a parolee or someone on probation.
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Old 06-10-2020, 6:15 PM
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Quote:
Originally Posted by Milsurp1 View Post
Testimony. “I bought this during Freedom Week.” (Assuming that is the truth). Now as a practical tip, if you live with a parolee make sure your bedroom door has your name on it and a lock only you have the combo to. Better yet, don’t live with a parolee or someone on probation.
Aha. Well, there's the answer.
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  #10  
Old 06-10-2020, 6:34 PM
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Information is available on the Tulare County Superior Court website. He was arrested January 22, 2020, and posted $35,000 bond. The Tulare County District Attorney filed a complaint on March 3, 2020 alleging one count of Penal Code section 32310, subdivision (a), large-capacity magazine activity. A demurrer was filed on May 26, 2020. I assume the demurrer was based on Judge Benitez's injunction. Demurrer was denied on June 8, 2010. A preliminary hearing was heard today and the defendant was held to answer on the count of acquiring a large-capacity magazine. Arraignment on the information is June 25, 2020.
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  #11  
Old 06-10-2020, 8:01 PM
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Default "Freedom Week" used as defense for South Valley man facing gun magazine charges

https://abc30.com/freedom-week-used-...arges/6241874/

Quote:
Prosecutors charged Yang with violating the magazine ban-a felony.

Defense attorney Eric Schweitzer also argues that Yang doesn't need to prove when he purchased the magazine.

"The people of the state of California have the burden of proof. If they're going to charge you with committing a crime, I think it's incumbent on them to prove that it happened some other time other than Freedom Week," said Schweitzer.
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Old 06-10-2020, 8:15 PM
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Sounds like the judge may want to set precedent, or make sure it moves up the channel.


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  #13  
Old 06-10-2020, 8:17 PM
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Worth paying attention to

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  #14  
Old 06-10-2020, 8:17 PM
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What is he bought a blocked mag before freedom week and unblocked it during freedom week? How would they possibly prove he did it after?
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Old 06-10-2020, 8:19 PM
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  #16  
Old 06-10-2020, 8:20 PM
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It sounds like they are trying to make an example out of this. Hopefully Basura doesnt crawl out from the sewers to spew his trash in this case
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  #17  
Old 06-10-2020, 8:28 PM
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Wasn't there an injunction that prohibits prosecution of that?
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Old 06-10-2020, 8:29 PM
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  #19  
Old 06-10-2020, 8:31 PM
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Well, this had to happen at some point. I just hope it goes in his/our favor.
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Old 06-10-2020, 8:32 PM
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tac dot.
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Old 06-10-2020, 8:34 PM
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Since when owning standard capacity magazines a felony?
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Old 06-10-2020, 8:40 PM
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The guy is stupid. It's illegal to acquire them, but not possess them. They have no witnesses as to how he acquired it, so he should've just kept his mouth shut. They would have had a bigger burden of also proving he didn't get it prior to 2000.
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Old 06-10-2020, 8:42 PM
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Quote:
Originally Posted by Blownmotor View Post
Since when owning standard capacity magazines a felony?
5-ish years ago..
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Old 06-10-2020, 8:47 PM
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Why did Tulare cops even cite him for it?
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Old 06-10-2020, 8:49 PM
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Old 06-10-2020, 8:50 PM
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Quote:
Originally Posted by Blownmotor View Post
Wasn't there an injunction that prohibits prosecution of that?
Yes.
PDF download: https://michellawyers.com/wp-content...ing-Appeal.pdf
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.
Dated: April 4, 2019
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Originally Posted by sigstroker View Post
The guy is stupid. It's illegal to acquire them, but not possess them. They have no witnesses as to how he acquired it, so he should've just kept his mouth shut. They would have had a bigger burden of also proving he didn't get it prior to 2000.
What if there is a date code that indicates otherwise?
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Old 06-10-2020, 8:59 PM
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Quote:
Originally Posted by sigstroker View Post
5-ish years ago..
It is a tack on felony. I don’t believe they have ever prosecuted just on that one charge.
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Old 06-10-2020, 9:02 PM
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Quote:
Originally Posted by Blownmotor View Post
Since when owning standard capacity magazines a felony?
Good point^^^

I read that ban was on buying, selling, offering for sale, importing, yara yara yara. Owning was never part of that.
Besides that, buying was legal in freedom week.
Every vendor sold all theri mag stocks to calif and went oos.

Edit: not the best source for legal stuff but

Large-capacity gun*magazines*are illegal in*California*again

The stay in the ruling means*California*gun owners cannot*buy magazines*that hold more than 10 rounds of ammunition. They*can*keep large-capacity*magazines*they*own.Apr 5, 2019

https://www.sacbee.com › capitol-alert*

Last edited by heidad01; 06-10-2020 at 9:12 PM..
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  #29  
Old 06-10-2020, 9:05 PM
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Quote:
Originally Posted by Duck Killer View Post
It is a tack on felony. I don’t believe they have ever prosecuted just on that one charge.

Well, in this case, the sole charge on the complaint is PC32310(a). There are no other charges.
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Old 06-10-2020, 9:13 PM
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Old 06-10-2020, 9:13 PM
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The guy has been convicted of at least one misdemeanor DUI and at least one other misdemeanor in the last 7 years and his brother is a parolee. Doesn't mean anything beyond adding some color to why the police may have been interested--the family is likely known to local LE as miscreants.
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Old 06-10-2020, 9:13 PM
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Doesnt matter. Freedom week was a free for all... Used mags, new mags and converted mags. As long as date is before FW.
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Originally Posted by ajb78 View Post
Yes.
PDF download: https://michellawyers.com/wp-content...ing-Appeal.pdf




What if there is a date code that indicates otherwise?
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Old 06-10-2020, 9:14 PM
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Quote:
Originally Posted by Duck Killer View Post
It is a tack on felony. I don’t believe they have ever prosecuted just on that one charge.
That's historically true, but not here.

Filing Date Case Caption Disposition
03/03/2020
People vs. Yang, Pheng

Filings
Filing Disposition
Complaint - Felony: Other filed on 03/03/2020
Defendant Yang, Pheng
Charges
Charge Information Disposition
Complaint - Felony: Other filed on 03/03/2020
Yang, Pheng
Ct 1: Felony - Manufacture/Import/Sell/Give Away Magazine PC32310(a) on 01/22/2020
Bail Bonds
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Old 06-10-2020, 9:17 PM
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Quote:
Originally Posted by Blownmotor View Post
Since when owning standard capacity magazines a felony?
Its not. The charge here is obtaining or manufacturing it, which is a felony, albeit with a freedom week exemption under the injunction.

The fact he possessed it and perhaps said something self-incriminating is the evidence of illegally obtaining it.

It's hard to get a conviction on this without self incrimination.

Wondering if what the criminal complaint says.
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Old 06-10-2020, 9:28 PM
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Quote:
Originally Posted by Squirly View Post
Doesnt matter. Freedom week was a free for all... Used mags, new mags and converted mags. As long as date is before FW.
That was my point, say it's a Magpul with a date code of 11/19, kinda hard to sell the freedom week story. Sure it could've been a late delivery, back ordered purchase from freedom week, but that's going to be a hard sell too.

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Old 06-10-2020, 9:33 PM
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Quote:
Originally Posted by Califpatriot View Post
The fact he possessed it and perhaps said something self-incriminating is the evidence of illegally obtaining it.

It's hard to get a conviction on this without self incrimination.
^^^ This. Despite all evidence, the state isn't stupid (just evil). They must have him saying something incriminating. It's possible they'll hang him on a post-freedom-week manufacture date (as ajb78 suggested), but I'd love to know how the state got a hold of said mag without a search warrant looking for it. I'm guessing they're either going to drop the case (if they were trying to scare him into pleading guilty), or they caught him saying something stupid on social media.

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(LANGUAGE WARNING)
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Old 06-10-2020, 9:36 PM
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Quote:
Originally Posted by Dooligan View Post
What is he bought a blocked mag before freedom week and unblocked it during freedom week? How would they possibly prove he did it after?
This is going to be a good case to see how the judge rules as to the burden of proof.

In a criminal case, the prosecution has the burden of proof to show that the elements of the offense are present.

The federal court order has nothing to do with the elements of the offense. It's a bar to prosecution if the defendant's conduct is within the bounds of the court order.

When a criminal defendant pleads a bar to prosecution, the burden of proof in generally on the defendant to prove the bar exists.
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  #38  
Old 06-10-2020, 9:37 PM
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Quote:
Originally Posted by tenemae View Post
^^^ This. Despite all evidence, the state isn't stupid (just evil). They must have him saying something incriminating. It's possible they'll hang him on a post-freedom-week manufacture date (as ajb78 suggested), but I'd love to know how the state got a hold of said mag without a search warrant looking for it. I'm guessing they're either going to drop the case (if they were trying to scare him into pleading guilty), or they caught him saying something stupid on social media.

Never talk to the police. Keep your mouth shut

(LANGUAGE WARNING)
Well if his brother is a parolee, likely they don’t need it.
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  #39  
Old 06-10-2020, 9:39 PM
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Default Freedom Week used as defense for South Valley man facing gun magazine charges

https://abc30.com/freedom-week-used-...arges/6241874/

a case that could be precedent-setting.

The Tulare County District Attorney's Office filed a felony charge against 27-year-old Pheng Yang in March this year for violating the state's law on high capacity ammunition magazines.

"He said he had purchased them during Freedom Week."
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  #40  
Old 06-10-2020, 9:42 PM
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Quote:
Originally Posted by Oldboyjun View Post
What evidence is the prosecutor going to use to prove beyond a reasonable doubt that this person bought, imported, or manufactured the magazine(s) unlawfully? There has to be unanimity on the exact theory for a finding of guilt. Possession isn't a crime. F'ing ****bird prostituter, I mean prosecutor.
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