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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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#41
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His rap sheet is almost as good as Floyds he might get a mural yet
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#42
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Only assuming they share a residence? They have free reign to root through a parolee's possessions in his home?
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#43
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Let me speculate... Since that's how we do...
His parolee bro got caught with a mag, he rolled on his bro saying "my brother gave it to me".... That's all.... Now, here we are. Last edited by seal20; 06-10-2020 at 9:56 PM.. |
#45
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It's important to note that there is a federal court order in effect that currently prohibits prosecution for this crime, but there is nothing in the court order that has invalidated PC 32310(c), or that has made possession "legal".
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#46
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History doesn't repeat itself but it rhymes |
#47
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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 10:04 PM.. |
#48
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From what I've read, the prosecution is moving forward with PC 32310(a). The federal court order applies differently to that section. It only bars prosecution of folks who manufactured, or acquired, their large-capacity magazines during "Freedom Week."
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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. |
#49
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You're most welcome, but I think you answered your own question "why is it important to note that..."? It's important because you made false statement that could get a Calgunner in trouble. I'm hopeful that we'll get a final decision that PC 32310 is unconstitutional, and then Marbury v Madison can invalidate it. But it can go the other way also. If it does, the state can go back and charge folks for simple possession during the time the injunction was in effect (up to the SOL). I'll grant that it's unlikely the state would do so, but it is possible. When speaking of legal stuff, it's kinda important to speak with "ultra precision", or to clearly state that you're speaking in general terms.
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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. |
#50
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Also, no successful prosecutions (or even attempts) statewide for PC 32310(c) that I'm aware of. We're all closely watching Duncan v. Becerra...we'll see.
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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. |
#51
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And cops wonder why people are wanting them defunded.... It's **** like this. No crime, just abuse of power.
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#55
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His brother was the parolee
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"Extremism in defense of liberty is no vice. Moderation in pursuit of justice is no virtue." ----Sen. Barry Goldwater Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." ----Benjamin Franklin NRA life member CRPA member |
#57
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Hauoli Makahiki Hou ------- |
#58
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#60
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I'm fairly confident this will set some great precedent for you guys in CA. It's pretty clear that acquiring those magazines during the injunction wasn't illegal. They charged him with import/manufacturing, which is a felony. Simple possession of a high capacity magazine is not. PC 32310(c) is pretty clear that simple possession is an infraction or misdemeanor.
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#62
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Defamation is “doesn’t mean anything beyond adding some color”? In VCM290041, he pleaded no contest to VC23152(b) and VC14601.5(a). In VCM369521, he was charged with VC23152, but pleaded guilty to VC23247(e), VC12500(a), and VC23123(a). So no, not convicted of two misdemeanor DUIs in the last seven years.
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#63
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Yes to both
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In case it wasn't obvious, nothing I write here should be interpreted as legal advice. |
#64
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This means to me that if anyone is on parole or probation in the house, they need to be kicked out since it removes constitutional protections from everyone else in the house.
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Block Google Tracking and Ads with a Raspberry Pi Hole |
#67
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I agree.
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Based on what I’ve read, I believe this is true. Don’t let the jailhouse lawyers here get to you.
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Anchors Aweigh |
#70
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I posted this already in this thread, but I might as well post it here in this thread.
Information is available on the Tulare County Superior Court website. He was arrested January 22, 2020, and posted $35,000 bond, which is the bail schedule amount for PC32310 in Tulare County. 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 June 10, 2020 and the defendant was held to answer on the count of acquiring a large-capacity magazine. Arraignment on the information is June 25, 2020. To add some context, the Tulare County Sheriff had a press release back in January about the arrest January which said the following: Quote:
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#71
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Hmmm....I wonder if the DA could be held in contempt of Benitez's order in federal court saying to the effect that mags obtained during freedom week were perfectly legal?
Perhaps an email to the honorable judge? I wonder if his email address list here would suffice? https://www.casd.uscourts.gov/Judges...o.aspx?portal= efile_benitez@casd.uscourts.gov . |
#72
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I’m sure there are specifics to this case that are not being released. The “cops” don’t prosecute, they arrest or cite.
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#74
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Thanks for the info. 32310. (a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. |
#76
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The DA is probably taking the position that the magazine was obtained before or after freedom week and therefore the injunction does not apply. But without knowing what evidence the prosecutor has I can’t comment on the merit of that position.
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#78
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Even if it were a 'parts kit' prior to freedom week, it could have been assembled during that time and be perfectly legal. I hope the defendant has good council and doesn't have to plea out of this. Further, I hope that DA is found in contempt... . |
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