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  #161  
Old 04-01-2019, 8:28 PM
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Originally Posted by solidfreshdope View Post
I mentioned in another thread, someone should really order some mags for Becerra...
that would be so unfortunate for him to be a victim of the same oppression that he is forcing upon millions of law abiding citizens. Maybe then he could see the logic. (or you just made his assistant a felon)
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  #162  
Old 04-01-2019, 8:29 PM
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Originally Posted by L84CABO View Post
Well because judges often have respect for the process. They know there is an appeal process...and anything could happen...so judges will often go along with the request for a stay to give time for the appeal to be executed.

And I hope I'm wrong here. But it won't surprise me at all if Judge B grants a temporary stay...or whatever it's called. And he won't be admitting anything by doing that. Only that he respects the process.

What about all of us felons that have then in the mail for delivery? If he grants the stay, we will sufffer harm.
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  #163  
Old 04-01-2019, 8:29 PM
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Originally Posted by lordvroom View Post
that would be so unfortunate for him to be a victim of the same oppression that he is forcing upon millions of law abiding citizens. Maybe then he could see the logic. (or you just made his assistant a felon)


I mean either way. If he receives them during a potential stay that he asked for...


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  #164  
Old 04-01-2019, 8:30 PM
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so let me get this right....

gov newsom over reaches and tries taking all HCMs...

judge Benetiz smacks him with a no nonsense 2A judgement making all mags legal to own, manufacture, acquire.

gov newsom "whoops my bad lets go back to before i tried to take everything.."
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  #165  
Old 04-01-2019, 8:36 PM
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Originally Posted by stix213 View Post
I believe the AG has to request the stay from the district judge and get denied before sending the request to the 9th. The short dates are likely just to encourage a fast response so the AG can send an appeal for the denied stay. The faster stay is denied by the district the faster it goes to the 9th.

Hopefully the district judge doesn't fall for it and waits at least a few weeks to decide.
He should wait till Trump fills all the vacancies. That would be a delicious taste of comeuppance.
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  #166  
Old 04-01-2019, 8:36 PM
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The very *best* part about all these magazines having been bought up, is that the overwhelming majority of them are coming in from out-of-state - which means the state will see but a scant portion of the sales tax that would have been collected had the magazines been sold in state.

I hope that there's a reliable estimate of the number of magazines sold that comes out to assist in further "rubbing in" the fact that all that sales tax was lost...
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  #167  
Old 04-01-2019, 8:36 PM
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I've turned this into a news thread, lets keep discussion to a minimum and keep it clean and tidy. Report new developments or media stories, etc.

If you want to discuss this go to the discussion thread.

If you want to see a list of retailers go to this thread.
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  #168  
Old 04-01-2019, 8:38 PM
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No place for him to go but the Supreme Court.
Seconded. Benitez's slot would be quickly back filled by a trumper
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  #169  
Old 04-01-2019, 8:46 PM
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Originally Posted by L84CABO View Post
Well because judges often have respect for the process. They know there is an appeal process...and anything could happen...so judges will often go along with the request for a stay to give time for the appeal to be executed.

And I hope I'm wrong here. But it won't surprise me at all if Judge B grants a temporary stay...or whatever it's called. And he won't be admitting anything by doing that. Only that he respects the process.
I hope you're wrong too. But that sounds like a reasonable point of view.

I'm just saying... if he does grant the stay, he is admitting that LCMs pose a public threat and should be banned. That's the AG's entire argument for the stay. By granting the stay, the judge must concede that point.
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  #170  
Old 04-01-2019, 8:53 PM
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I still don't understand what the basis is for the appeal? Is it just, I don't like your decision so I appeal? What is claimed to be wrong or amiss with the decision that warrants an appeal?
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  #171  
Old 04-01-2019, 9:00 PM
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Originally Posted by baekacaek View Post
The funny part is that even mags that were acquired after the stay is granted are impossible to identify, especially if you went to Reno or Vegas and bought them with cash. Previously, if you owned something that was manufactured after 2000, like the PMags, then you'd be in trouble because there's no way you could've owned it prior to 2000.

But now, anything manufactured prior to 2019 is safe. This essentially reset the manufacture-test clock from 2000 to 2019. All these PMags are up for grabs.
I sure am glad I went to AZ this weekend. I must of hit 20 gun shops
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  #172  
Old 04-01-2019, 9:02 PM
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Originally Posted by Unbekannt View Post
Hey folks, this judge rendered a "summary judgment" against Becerra. This means it did not even go to trial. Why the hell would he then put a stay on something this cut and dry? Prediction: Becerra fails.
Becerra has been quite active in filing lawsuits on people who are taking on Planned Parenthood (Becerra is in bed with PP). If you've been following the court hearings, it's very difficult to conclude which is greater: Becerra & Co.'s incompetence, malfeasance or arrogance.

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Again, only if you let them. You are born free with unequivocal rights. Ultimately you may have to decide between fighting, sacrificing it all or complying. The choice is very much yours and any loss of freedoms is because you allow it.
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I have no doubt he is a pariah now. The cynic in me expects a #metoo accusation to take him down like they did Kozinski.
The Honorable Benitez certainly stood up for what's right and our freedoms.

If/when the time comes, will we return in kind for him?

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Originally Posted by The Honorable Judge Benitez, Duncan vs. Becarra Summary Judgment, Page 13:
All Californians, like all citizens of the United States, have a fundamental Constitutional right to keep and bear common and dangerous arms. The nation’s Founders used arms for self-protection, for the common defense, for hunting food, and as a check against tyranny. Teixeira v. Cty. of Alameda, 873 F.3d 670, 686 (9th Cir. 2017)
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  #173  
Old 04-01-2019, 9:03 PM
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So if a person has mail incoming should they buy a hurricane door from Florida and install it expecting a visit. seems like the DOJ is stark crazy mad and wants blood. Can anyone gage how butt hurt nesome and the AG's office are? Their social feed has been kind of quiet and the normal liberal rags have been silent. (the trace, mothers, giffords)

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  #174  
Old 04-01-2019, 9:03 PM
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Originally Posted by curtisfong View Post
I have no doubt he is a pariah now. The cynic in me expects a #metoo accusation to take him down like they did Kozinski.
I believe he's a "Senior status" on the bench so he's kinda got nothing to lose professionally. I find it amusing that's likely part of his motivation to set these mofos straight on the Constitution for once and for all.

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Originally Posted by SVGUY View Post
Already went to the 9th 3 judge panel who also supported judges reasoning for reversing the ban. So there isn't much support so far on the 9th. Strange I know but this already happened.
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Originally Posted by Califpatriot View Post
Not quite. It was a 2-1 decision. I am almost certain N.R. Smith would vote to uphold. John Clifford Wallace, although a Mormon and a Republican, is almost certain to vote to overturn. The wildcard is whoever the third judge is. In the preliminary injunction round it was a far-left retired judge from New York sitting by designation (special appointment). I'm not sure if she will be on the panel this time, but if she is, it is conceivable she votes to overturn despite supporting the preliminary injunction. A preliminary injunction can only be overturned if a very high burden is met. A final appealable order can be overturned much easier.
Yeah, this went on appeal to 9CA once already and they kicked it back to Benitez for judgement. What a judgement they got though... so the trick will be to see how 9CA plays this card... do they want this to advance to SCOTUS or not?

The way I see it, Gavin/Becerra are young and ambitious enough to lay it all out on the line for the glory... in Gavin's words... "be bold."
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  #175  
Old 04-01-2019, 9:04 PM
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Question for the legal eagles. What keeps benitez from allowing a stay without any teeth. This is hard to articulate, but could Benitez say "stay granted to allow the enforcement of no part of the penal code." Essentially he'd call it a stay, but it's not a stay. He could even be more direct like stay granted but the citizens shall be free to acquire, buy, sell, x, y, z."

Is that even possible? If so, a stay would then be in place that perhaps the 9th could not touch? Yeah, it's playing dirty......but dirty is all we got.
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  #176  
Old 04-01-2019, 9:05 PM
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Originally Posted by golfish View Post
I sure am glad I went to AZ this weekend. I must of hit 20 gun shops
I feel like I have a never ending supply of mags that I purchased in AZ. It'll take a lifetime to count
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  #177  
Old 04-01-2019, 9:07 PM
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We should start a drive collecting all the 10 round magazines that have been replaced with free state magazines. We than place small “Join the NRA” sticker on them and place them all around the state capital under our 1st Amendment rights as free speech.
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  #178  
Old 04-01-2019, 9:15 PM
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The laughable point in Becerra's whining request for stay is " individuals will be free to acquire new LCMs".

Yeah, EXACTLY, you dolt!

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  #179  
Old 04-01-2019, 9:17 PM
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The irony.

This idiot law to get rid of mags has them flooding into the state.

From their perspective, they really should have left well enough alone.

Biggest gun control fail ever.
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  #180  
Old 04-01-2019, 9:21 PM
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Originally Posted by 5.56Geo View Post
We should start a drive collecting all the 10 round magazines that have been replaced with free state magazines. We than place small “Join the NRA” sticker on them and place them all around the state capital under our 1st Amendment rights as free speech.
It would be better if these 10 round mags were unblocked (where possible) during this window
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  #181  
Old 04-01-2019, 9:24 PM
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This is so funny

When the law banning possession became law, the plaintiff sought an injunction arguing the need to preserve the status quo.. the state argued against it.

Now with this new judgment the state is requesting a stay to preserve that same status quo they argued against before and the plaintiffs are arguing against it. Lol
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  #182  
Old 04-01-2019, 9:26 PM
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Originally Posted by CessnaDriver View Post
The irony.

This idiot law to get rid of mags has them flooding into the state.

From their perspective, they really should have left well enough alone.

Biggest gun control fail ever.
Some nit-wit banned 50bmg rifles once upon a time.

That cost more than this. Not by much, but more.
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  #183  
Old 04-01-2019, 9:29 PM
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Originally Posted by caliguy93 View Post
This is so funny

When the law banning possession became law, the plaintiff sought an injunction arguing the need to preserve the status quo.. the state argued against it.

Now with this new judgment the state is requesting a stay to preserve that same status quo they argued against before and the plaintiffs are arguing against it. Lol
Yep, and they are still willing to triple and quadruple down on stupid.
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  #184  
Old 04-01-2019, 9:30 PM
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What a busy weekend for my friends. I have watched them coverted all of their limited mags to standard mags over the weekend. We are talking about hundreds of them.
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  #185  
Old 04-01-2019, 9:31 PM
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If the judge truly believes his own opinion, why would he grant a stay knowing that a constitutional right will be infringed for years more while this works through the courts, that people may actually die during the ‘lethal pause’ required to reload while facing down attackers? Knowing that criminals do not obey these laws and they only serve to stymie the law abiding or even make criminals out of them. That this infringment has been allowed to continue on for almost 20 years! And why on earth would he hurry and do it?

Time to resupply on the popcorn I guess...

You sir have said it the best. I can only pray to God for Judge Benitez to read your post.
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  #186  
Old 04-01-2019, 9:51 PM
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Originally Posted by robertkjjj View Post
"What if? What if? What if?" . Sorry if this sounds mean, but the sheer number of worrywarts on this thread is incredible.

But, I guess this is to be expected, when a group of people have been beaten down like dogs, so hard, for so long.
It has a name: Battered California Gun Owners Syndrome. Browse the pages of Calguns and you'll see its effect on most all of us, to one degree or another.
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  #187  
Old 04-01-2019, 9:55 PM
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It has a name: Battered California Gun Owners Syndrome. Browse the pages of Calguns and you'll see its effect on most all of us, to one degree or another.
BCGOS is real. I myself am a victim.
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  #188  
Old 04-01-2019, 10:37 PM
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Gavin Newsom Nancy Pelosi Nephew. what did you expect....
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  #189  
Old 04-01-2019, 10:42 PM
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Can I convert a 10 round mag into a 30 round mag? I have a Hexmag that I can remove the limiter and replace the spring with a longer 30 round spring and it is now high capacity. Is this allowed or do I have to purchase a manufactured high capacity magazine?
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  #190  
Old 04-01-2019, 10:44 PM
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Can I convert a 10 round mag into a 30 round mag? I have a Hexmag that I can remove the limiter and replace the spring with a longer 30 round spring and it is now high capacity. Is this allowed
As I understand the ruling, yes, you can do that now. It is now standard capacity, btw, not high capacity. Do not use the (misleading, dishonest) legal terms if you can.
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  #191  
Old 04-01-2019, 10:44 PM
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Buying springs is not illegal never has been
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  #192  
Old 04-01-2019, 10:48 PM
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Buying springs is not illegal never has been
Yes, it has
https://leginfo.legislature.ca.gov/f...1.&lawCode=PEN

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32311.
(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, commencing January 1, 2014, any person in this state who knowingly 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 conversion kit is punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment in a county jail not to exceed six months, or by both that fine and imprisonment. This section does not apply to a fully assembled large-capacity magazine, which is governed by Section 32310.
(b) For purposes of this section, a “large capacity magazine conversion kit” is a device or combination of parts of a fully functioning large-capacity magazine, including, but not limited to, the body, spring, follower, and floor plate or end plate, capable of converting an ammunition feeding device into a large-capacity magazine.
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  #193  
Old 04-01-2019, 10:51 PM
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Good point. I often wonder how long it takes to clean out the garbage. I assume 32311 (from AB48) will have to be challenged separately.
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  #194  
Old 04-01-2019, 10:55 PM
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Good point. I often wonder how long it takes to clean out the garbage. I assume 32311 (from AB48) will have to be challenged separately.
If you listen to some folks here, most of us will be dead before this is resolved as they nit pick away at every PC, probably as they pass ever more PCs. Or you can take the holistic view that says this unconstitutional BS will not stand, and the kimono has come off.

Otherwise they will just keep adding more nuisance laws, more parts laws, etc. If you believe every single one of these PCs must be litigated before any relief can be had, then I’m not even sure why we bother fighting them. Because they aren’t going to stop until there is a Come to Jesus moment - and if this Duncan ruling isn’t one then I don’t know what will ever be.
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  #195  
Old 04-01-2019, 10:56 PM
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I thought that the spring had to be part of a kit to make it a no-go.
If you purchased the springs by them selves it was fine. I've ordered replacement springs for my 25 year old (15 rd) 5906 mags and there was no issue.
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  #196  
Old 04-01-2019, 10:58 PM
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I thought that the spring had to be part of a kit to make it a no-go.
If you purchased the springs by them selves it was fine. I ordered replacement springs for my 25 year old 5906 mags and there was no issue.
But I would think a replacement spring for an already existing high cap mag would be different than buying a different spring to convert a low cap mag into a high cap mag
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  #197  
Old 04-01-2019, 10:58 PM
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BCGOS is real. I myself am a victim.
Hear hear!! Going around, completely legal following the laws, but somehow followed by some uneasy feeling that you are doing something wrong.

It's disgusting. Another persecuted minority.

I never feel that way when I'm at my home in Arizona.
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Old 04-01-2019, 11:00 PM
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Originally Posted by Sputnik View Post
I thought that the spring had to be part of a kit to make it a no-go.
If you purchased the springs by them selves it was fine. I ordered replacement springs for my 25 year old 5906 mags and there was no issue.
Sure, buy a spare part, should be legal - seems like common sense right?

But this is CA. The law says you buy a DEVICE or A KIT, capable of converting the mag = crime. Read it again. I cited it and bolded the parts you need to read. Read those bold words as one sentence because the law is written for them to be read that way.

Here you go, condensed to the subject at hand but the meaning nor effect has been altered:

32311.
(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, commencing January 1, 2014, any person in this state who knowingly buys any large capacity magazine conversion kit is punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment in a county jail not to exceed six months, or by both that fine and imprisonment. This section does not apply to a fully assembled large-capacity magazine, which is governed by Section 32310.


(b) For purposes of this section, a “large capacity magazine conversion kit” is a device including, but not limited to, the spring, capable of converting an ammunition feeding device into a large-capacity magazine.
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Last edited by SkyHawk; 04-01-2019 at 11:04 PM..
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  #199  
Old 04-01-2019, 11:02 PM
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Quote:
Originally Posted by SkyHawk View Post
Sure, buy a spare part - seems like common sense right?

But this is CA. The law says you buy a DEVICE or A KIT, capable of converting the mag = crime. Read it again. I cited it and bolded the parts you need to read. Read those bold words as once sentence because the law is written for them to be read that way.
He's right. Any thing, aka device, that is a component of a normal magazine, is illegal to acquire.
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Old 04-01-2019, 11:06 PM
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Originally Posted by Smedkcuf View Post
But I would think a replacement spring for an already existing high cap mag would be different than buying a different spring to convert a low cap mag into a high cap mag
It may well be but practically speaking there is no difference. How is Brownells going to know what I'm putting the spring in? They don't. All that matters is what I actually did with them. I was not prohibited from buying the springs but then I wasn't buying a disassembled "high cap" (which is all that the rebuild kits are) only a few individual parts that did not include the mag body.

EDIT: some things were posted as I was typing...I must have bought my springs and base plates after they changed the law...I'm glad I did but that jive about no parts at all ... what bs! I'm glad we are finally making headway against bad laws.

Last edited by Sputnik; 04-01-2019 at 11:08 PM..
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