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  #1  
Old 03-29-2019, 1:57 PM
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Default Duncan v. Becerra Update

Quote:
Today the CRPA, NRA and the legal team at Michel & Associates scored a major victory for 2A rights in California!
The Motion for Summary Judgement filed by CRPA/NRA in Duncan v. Becerra was approved by the court, the California 'high capacity' law was ruled unconstitutional!

This is the opening of the ruling:
Individual liberty and freedom are not outmoded concepts.
“The judiciary is - and is often the only – protector of individual rights that are at the heart of our democracy.”
--
Senator Ted Kennedy, Senate Hearing on the Nomination of Robert Bork, 1987
copied from Facebook.

http://michellawyers.com/wp-content/...Yp3SXJB1hR_ASo
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Old 03-29-2019, 1:59 PM
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Amazing!! I'll drink to that! Does this mean we can get regular mags eventually?
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  #3  
Old 03-29-2019, 2:00 PM
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so when can I pop in a 30 rd mag? Or 15 in my Pistol?
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Old 03-29-2019, 2:02 PM
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Came here to post and there it is. Law savvy people please explain what this means for us ��
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Old 03-29-2019, 2:09 PM
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Quote:
Originally Posted by CaliforniaCowboy View Post
so when can I pop in a 30 rd mag? Or 15 in my Pistol?
30 round glock mags please!
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  #6  
Old 03-29-2019, 2:09 PM
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In reading this, it strikes down the ban on posession (for those who had legally owned pre-2000 mags greater than 10 rounds) and ACQUISITION.

So...um...can Californians now acquire, AKA buy, NEW standard capacity magazines? That would be a shot to the gun industry to help during these down times for sure.

Wow is all I can say.

Edited to add, after reading what amounts to the most coherent, intelligent, factual and eloquent gun control take down I've ever seen, the order does completely ban the enforcement of 32310 which should allow for the purchase of new standard capacity magazines for all CA residents. It is very clear that it applies to the acquisition of new mags as I read it.
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eh why bring logic into this, that makes too much sense... besides when you have bested a fool, you have accomplished nothing and he is a fool.

Last edited by John Browning; 03-29-2019 at 2:18 PM..
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Old 03-29-2019, 2:09 PM
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Hopefully this will put a stop to the "What has the NRA done for us lately" crowd.
If this holds, it's a huge win.
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Old 03-29-2019, 2:17 PM
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Finger ready to click “buy” on several mags. Drill ready for rivets! Please please please!
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  #9  
Old 03-29-2019, 2:18 PM
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If this is real I'm gonna be donating a lot more than I usually do.
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Old 03-29-2019, 2:23 PM
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I'm kinda wary this news is close to April 1st though..

Last edited by LongLiveTheRepublic; 03-29-2019 at 2:36 PM..
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Old 03-29-2019, 2:26 PM
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Quote:
Originally Posted by John Browning View Post
In reading this, it strikes down the ban on posession (for those who had legally owned pre-2000 mags greater than 10 rounds) and ACQUISITION.

So...um...can Californians now acquire, AKA buy, NEW standard capacity magazines? That would be a shot to the gun industry to help during these down times for sure.

Wow is all I can say.
John,

You're right, the decision goes farther in declaring the entire PC Section 32310 as being unconstitutional. The injunction only put subparagraph (c) on hold.

It looks like a very well written opinion, not only for the outcome, but for the concept that "Strict Scrutiny" was called for. That's gonna set up a battle on appeal because the Ninth Circuit had previously applied only
"Intermediate Scrutiny" in a similar case. I like the way that Judge Benitez provided for this by also explaining the reasons why the application of "Intermediate Scrutiny" would lead to the same result.

This ain't over. I can pretty much guarantee that the state will appeal to the Ninth Circuit. I'll let the JD's on the forum opine as to the consequences of such an appeal.

But things are off to a good start.
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  #12  
Old 03-29-2019, 2:34 PM
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Quote:
Originally Posted by CaliforniaCowboy View Post
so when can I pop in a 30 rd mag? Or 15 in my Pistol?
You can now if you already own them as you could have for the past 19 years even before this decision.
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Old 03-29-2019, 2:35 PM
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Quote:
Originally Posted by LongLiveTheRepublic View Post
I'm kinda weary this news is close to April 1st though..
Why are you tired of this news and what does April 1 have to do with being tired?
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  #14  
Old 03-29-2019, 2:37 PM
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Quote:
Originally Posted by RickD427 View Post
John,

You're right, the decision goes farther in declaring the entire PC Section 32310 as being unconstitutional. The injunction only put subparagraph (c) on hold.

It looks like a very well written opinion, not only for the outcome, but for the concept that "Strict Scrutiny" was called for. That's gonna set up a battle on appeal because the Ninth Circuit had previously applied only
"Intermediate Scrutiny" in a similar case. I like the way that Judge Benitez provided for this by also explaining the reasons why the application of "Intermediate Scrutiny" would lead to the same result.

This ain't over. I can pretty much guarantee that the state will appeal to the Ninth Circuit. I'll let the JD's on the forum opine as to the consequences of such an appeal.

But things are off to a good start.
California will probably motion for an immediate stay on the order pending appeal. Makes me wonder - what happens to anyone who purchases a standard cap magazine in the interim between Judge Benitez's ruling and the eventual stay order?
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  #15  
Old 03-29-2019, 2:37 PM
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Quote:
Originally Posted by ohsmily View Post
Why are you tired of this news and what does April 1 have to do with being tired?
Thanks, auto correct.
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Old 03-29-2019, 3:05 PM
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This is good news!
The 9th will strike it down.
The Supreme Court.....who knows. We have a rino on the court.

I am happy
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  #17  
Old 03-29-2019, 3:07 PM
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Quote:
Originally Posted by Syntax Error View Post
California will probably motion for an immediate stay on the order pending appeal. Makes me wonder - what happens to anyone who purchases a standard cap magazine in the interim between Judge Benitez's ruling and the eventual stay order?
Because this is an actual ruling, I'd imagine that a they'd have to rewrite the PC to accommodate those purchases, should a stay be ordered and should we lose in appeals.
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  #18  
Old 03-29-2019, 3:21 PM
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At long last a win for California and the Constitution of the United States, I am stunned and pleased.
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  #19  
Old 03-29-2019, 3:26 PM
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How soon do you guys think until we can start buying standard capacity magazines here in CA? Please don't say two weeks
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Old 03-29-2019, 3:28 PM
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Originally Posted by Bruce3 View Post
How soon do you guys think until we can start buying standard capacity magazines here in CA? Please don't say two weeks
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  #21  
Old 03-29-2019, 3:29 PM
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I just ordered 2 AK and 2 AR , I noted in the order what had happened
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  #22  
Old 03-29-2019, 3:31 PM
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Still waiting for the resident JD's to chime in. Can I buy standard mags or not, and what were the guidelines for legal possession of already owned? Had to be 18/21 at the time of acquiring on the effective ban date?
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  #23  
Old 03-29-2019, 3:33 PM
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It blew out the whole 32310 penal code on mags. Enjoy!
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  #24  
Old 03-29-2019, 3:34 PM
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So the timeline goes
1. Ballot to ban hi-caps
2. Injunction to stop the ban
3. Upholds his own ruling? Can own again.
4*. Goes to the 9th where it will be smashed by communist traitors.
5. Back to ban status.

Do I have this right? How many times has the coin flipped so far?
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  #25  
Old 03-29-2019, 3:36 PM
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Call senators to urge them to approve nominees for 9th circuit. Keep funding NRA-ILA and CRPA.
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Old 03-29-2019, 3:47 PM
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I'd rate this as "extremely encouraging." We still have an uphill battle overall but I think on this particular subject the controllers now have an uphill battle.

But the "not over yet" crowd is right, it ain't over, it's just an exceptionally good day.
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Old 03-29-2019, 3:54 PM
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https://www.nraila.org/articles/2019...x1B92JQ_WB_bQs
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  #28  
Old 03-29-2019, 3:54 PM
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Does this mean I can salvage that sunken boat with the 30 rounders on it?
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Old 03-29-2019, 3:57 PM
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Does this mean I can salvage that sunken boat with the 30 rounders on it?
Just the mags.
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Old 03-29-2019, 3:58 PM
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It gonna benefit us... yet! But I like where this is going.
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Old 03-29-2019, 3:59 PM
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Does this mean I can salvage that sunken boat with the 30 rounders on it?
Until the Ninth Circuit takes the appeal. Then you may have to schedule another boating accident.
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Old 03-29-2019, 4:01 PM
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Until the Ninth Circuit takes the appeal. Then you may have to schedule another boating accident.
One problem at a time.
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Old 03-29-2019, 4:01 PM
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Quote:
Originally Posted by USMCmatt View Post
Still waiting for the resident JD's to chime in. Can I buy standard mags or not, and what were the guidelines for legal possession of already owned? Had to be 18/21 at the time of acquiring on the effective ban date?
Yes, you can buy standard cap mags from anybody who will sell to you. Buy, buy, buy.

Quote:
1. Defendant Attorney General Xavier Becerra, and his officers, agents, servants,
employees, and attorneys, and those persons in active concert or participation with him,
and those duly sworn state peace officers and federal law enforcement officers who gain
knowledge of this injunction order, or know of the existence of this injunction order, are
enjoined from enforcing California Penal Code section 32310.
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Old 03-29-2019, 4:03 PM
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Might be too early to know who will sell, anybody got any leads???


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Old 03-29-2019, 4:06 PM
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Might be too early to know who will sell, anybody got any leads???


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Maybe
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Old 03-29-2019, 4:06 PM
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Interesting.
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Old 03-29-2019, 4:06 PM
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It is legal to buy/sell/transfer right now. But no vendors know this yet. I just tried to buy 50 mags at PSA. No go yet. Restrictions still in place. And their customer service department is closed for the weekend. Looking elsewhere...

There is going to be a mad rush to buy while the window is open.

Stock up folks!
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Old 03-29-2019, 4:08 PM
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Originally Posted by MudCamper View Post
It is legal to buy/sell/transfer right now. But no vendors know this yet. I just tried to buy 50 mags at PSA. No go yet. Restrictions still in place. And their customer service department is closed for the weekend. Looking elsewhere...

There is going to be a mad rush to buy while the window is open.

Stock up folks!
We need a list of sites that are selling ASAP!
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Old 03-29-2019, 4:08 PM
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I just bought some “high capacity” mags from PSA and it went through
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Old 03-29-2019, 4:08 PM
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To be clear, PC 32310 is dead in it's entirety:

IT IS HEREBY ORDERED that:

1. Defendant Attorney General Xavier Becerra, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order,or know of the existence of this injunction order, are enjoined from enforcing California Penal Code section 32310.

2. Defendant Becerra shall provide, by personal service or otherwise,actual notice of this order to all law enforcement personnel who are responsible for implementing or enforcing the enjoined statute. The government shall file a declaration establishing proof of such notice.

DATED: March 29, 2019

HON. ROGER T. BENITEZ United States District Judge
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