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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
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Pheng Yang, large-cap mag - Found Factually Innocent
Freedom week case going to trial
https://abc30.com/freedom-week-used-...arges/6241874/ Quote:
// Librarian Last edited by Librarian; 06-11-2020 at 1:51 PM.. |
#5
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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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#6
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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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California Native Lifelong Gun Owner NRA Member CRPA Member ....."He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance." Declaration of Independence, 1776 |
#7
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I hope the right people are involved in the defense. This could be a biggie.
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"If a man hasn't found something worth dying for, he isn't fit to live." - Martin Luther King Jr. "Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety." - Benjamin Franklin "You have to be willing to swing your nuts like a deadblow hammer to put these jackasses in their place." - AJAX22 "The best defense against usurpatory government is an assertive citizenry." - William F Buckley Jr. |
#8
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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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#9
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California Native Lifelong Gun Owner NRA Member CRPA Member ....."He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance." Declaration of Independence, 1776 |
#10
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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
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"Freedom Week" used as defense for South Valley man facing gun magazine charges
https://abc30.com/freedom-week-used-...arges/6241874/
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#13
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Worth paying attention to
Sent from my SM-N950U using Tapatalk
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NRA Life Member WARNING: This post may contain material offensive to those who lack wit, humor, and common sense. Some overly sensitive "men" will be offended. Go Broncos! Go Kings Go! |
#18
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tagged
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#22
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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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#25
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"...the lust for power can be just as completely satisfied by suggesting people into loving their servitude as by flogging and kicking them into obedience." -Aldous Huxley |
#26
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PDF download: https://michellawyers.com/wp-content...ing-Appeal.pdf Quote:
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Last edited by ajb78; 06-10-2020 at 8:59 PM.. |
#28
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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.. |
#29
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Well, in this case, the sole charge on the complaint is PC32310(a). There are no other charges. |
#31
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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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In case it wasn't obvious, nothing I write here should be interpreted as legal advice. Last edited by Califpatriot; 06-11-2020 at 5:18 AM.. |
#32
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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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CA/TX |
#33
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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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In case it wasn't obvious, nothing I write here should be interpreted as legal advice. |
#34
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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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In case it wasn't obvious, nothing I write here should be interpreted as legal advice. |
#35
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#36
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Never talk to the police. Keep your mouth shut (LANGUAGE WARNING) |
#37
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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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If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life. |
#38
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#39
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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." |
#40
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Expert firearms attorney: https://www.rwslaw.com/team/adam-j-richards/ Check out https://www.firearmsunknown.com/. Support a good calgunner local to San Diego. Last edited by ohsmily; 06-10-2020 at 9:47 PM.. |
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