Duncan V Bonta - large cap mags: Benitez hearing 12-12 in SD

[MCubeiro]

For Immediate Release:

PROPOSITION 63 SUFFERS FIRST DEFEAT IN COURT:
FEDERAL JUDGE GRANTS CRPA’S REQUEST IN NRA SUPPORTED CASE TO
STAY ENFORCEMENT OF CALIFORNIA’S MAGAZINE BAN

Today, attorneys for the California Rifle & Pistol Association, supported by the National Rifle Association, obtained an important injunction in the case of Duncan v. Becerra, a federal lawsuit challenging California’s restrictions against standard capacity magazines. The injunction effectively prevents California from enforcing its recently enacted ban against possession of such magazines while the case is pending, which was set to take effect on July 1—less than 2 days from today.

In granting the injunction, Judge Roger Benitez explained that Plaintiffs are likely to succeed in this lawsuit because “public safety interest may not eviscerate the Second Amendment.”

Filed in May, Duncan is the second in a series of carefully planned lawsuits challenging the package of gun control laws passed last year that have collectively become known as “gunmageddon” in addition to the anti-gun Proposition 63. The case challenges California’s restrictions against standard capacity magazines on the grounds that it violates the Second Amendment, due process clause, and takings clause of the United States Constitution.

As a result of the injunction, California gun owners will not be required to surrender or permanently alter their lawfully owned property by July 1. Instead, the injunction preserves the “status quo” while the constitutionality of the law is decided by the court.

HELP US DEFEAT CALIFORNIA’S MAGAZINE BAN!

CRPA and NRA will continue to support legal efforts such as Duncan, but we need all of California’s 10+ million gun owners to stand with us. Victory cannot be achieved without your support.

Take Action—Donate Now

By donating today to the CRPA Foundation, you will help CRA and NRA strike down California’s standard capacity magazine ban and the rest of “Gunmageddon” in addition to the insidious Prop 63. With your help, we will restore the freedoms that the anti-gun lobby and elitist Sacramento politicians took from us in 2016 and restore the right to choose to own a firearm to defend yourself and your family.

To find out more information on CRPA’s endeavors and how you can get involved, please visit CRPA.org. For further information on the CRPA Foundation, click here.

Thank you for standing with CRPA and NRA. Together, we will make freedom ring once again throughout the Golden State.

[bemani4u]

Hell yeah!!!


Sent from my iPhone using Tapatalk Pro

[naeco81]

Nice!

[BumBum]

Great news!

[Kestryll]

Here is the injunction, it sounds solid for us.

www.calguns.net/duncaninjunction.pdf

[pacrat]

Thanks for the good news update.

Keep swinging, cause ducking never won a fight.

[carabuser]

HELL YES !!!! I will take anything I can get against these freaking nazi democrats running CA !!!

[ojisan]

I'm glad you got the injunction, THANK YOU!


Well, let's see if this takes seven to ten years for the courts to decide like the other pro-gun cases are doing.
That will work for now as long as the injunction stays in place.

Since it is an anti-gun case, I suspect it will move right along.

However, this is encouraging for sure:
"In granting the injunction, Judge Roger Benitez explained that Plaintiffs are likely to succeed in this lawsuit because “public safety interest may not eviscerate the Second Amendment.”"

[IVC]

Great news.

Yes, it will take a very long time for this to move through courts. We are technically still waiting on the AB 962 development and it was in 2013...

[Kestryll]

Here is a link to the filings and history of the case:
http://michellawyers.com/duncan-v-becerra/

[417atty]

http://abc7.com/news/federal-judge-b...llets/2165386/

A federal judge is blocking a California law set to go into effect Saturday that would have barred gun owners from possessing high-capacity ammunition magazines.

San Diego-based U.S. District Judge Roger Benitez said in ruling Thursday that the law banning possession of magazines containing more than 10 bullets would have made criminals of thousands of otherwise law-abiding citizens who now own the magazines.

[heyjerr]

excellent news

[El Toro]

[bronco75a]

Judge Blocks California's High-Capacity Magazine Ban

San Diego-based U.S. District Judge Roger Benitez said in ruling Thursday that the law banning possession of magazines containing more than 10 bullets would have made criminals of thousands of otherwise law-abiding citizens who now own the magazines.

The judge says the law approved by voters in November takes away gun owners' Second Amendment rights and amounts to the government taking people's private property without compensation.

https://www.nytimes.com/aponline/201...s-lawsuit.html

[thorium]

It won't last in the 9th circuit, but a temporary win nonetheless.

[CSTactical]

Thank you to everyone involved!!!

Originally Posted by MCubeiro

For Immediate Release:

PROPOSITION 63 SUFFERS FIRST DEFEAT IN COURT:
FEDERAL JUDGE GRANTS CRPA’S REQUEST IN NRA SUPPORTED CASE TO
STAY ENFORCEMENT OF CALIFORNIA’S MAGAZINE BAN
[snip]

Thank you for standing with CRPA and NRA. Together, we will make freedom ring once again throughout the Golden State.

[chris]

This is good news for now. But it's a win we needed.

[9mmContagion]

Winning!!

[colossians323]

Originally Posted by thorium

It won't last in the 9th circuit, but a temporary win nonetheless.

Double edged blade

[Wherryj]

How did anyone find a judge that can not only read, but also isn't open to pushing their own agenda upon a case???

...and for those always asking what the NRA is doing in CA...

Cudos to the CRPA and NRA. At least you've slowed down our loss of rights, even if it is marginally and temporarily. It is more than most of us were hoping for.

[Dump1567]

However, just as the Court is mindful that a majority of California voters approved Proposition 63 and that the government has a legitimate interest in protecting the public from gun violence, it is equally mindful that the Constitution is a shield from the tyranny of the majority. Plaintiffs’ entitlements to enjoy Second Amendment rights and just compensation are not eliminated simply because they possess “unpopular” magazines holding more than 10 rounds.

I love it.

[Chunker]

WOOP!

[Reecek]

Yes!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[kalalp]

WOW!

Very unexpected.

[missiondude]

I hope this gets overturned in the courts permanently, but like all things gun in the state of lib bliss, I will not hold my breath.

[Rogerbutthead]

I luv this judge. Hon. Roger T. Benitez United States District Judge - perhaps he can run for higher office.

I am sitting here near my boxes of magazines that I was going to send to a friend in Arizona - near tears.

Thank you, thank you, thank you.

[Ron-Solo]

It's a start

[559BearDown]

2 thumbs up!

[mrwilson1984]

Excellent news! I don't post much on Calguns and mainly lurk and read, but for anyone reading these posts who doesn't usually post replies...please go out of your way and do so and thank the folks that worked hard for this...

I'm gonna donate some money to CRPA and NRA...some good is happening this week!

[Chatterbox]

Awesome! Go NRA/CRPA!

[Red-Osier]

Wow awesome news.

[meccjoo]

Wow

[CandG]

With this injunction granted, this case can take as looooooooooooong as they want Huge win! Hope nobody went and epoxied all their magazines already.

[logman]

Ahh, very cool, and just.

LOG

[Oceanbob]

Ok....time for a Margarita..!

It's a start..

Bob

[EvoXguy]

Just saw it on the news myself and couldn't believe it

[sigmanx]

The fact voters voted for it shows how lost Kommifornia is.

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[SkyHawk]

And I was just getting ready to switch up my CCW pistols and spend this weekend riveting mags. Maybe now I'll hit the range instead

[Tasty]

Well that's good. I feel bad for those of you who blocked your mags in anticipation of this law.

[prod39]

Super UN-expected !
I do have the blocks,,,in the just in case scenario !

This is a " Thank The Good Lord in Heaven " moment ! I know it's only a battle in the war but, a needed "Win " ! None the less !