Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > California 2nd Amend. Political Discussion & Activism > Temp Post-Duncan Mag Forum
Register FAQ Members List Calendar Mark Forums Read

Reply
 
Thread Tools Display Modes
  #201  
Old 04-01-2019, 11:09 PM
SkyHawk's Avatar
SkyHawk SkyHawk is offline
Front Toward Enemy 🔫
CGN Contributor
 
Join Date: Sep 2012
Location: Nakatomi Plaza - 30th floor
Posts: 13,909
iTrader: 161 / 100%
Default

Quote:
Originally Posted by Sputnik View Post
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.
You are preaching to the choir. But just because someone will ship you something doesn’t make it legal to import. Don’t ever get that twisted. Plenty of people will send you butterfly knives or nunchucks or fireworks.

I could make a spring from spring wire, does that make the spring wire illegal? Don’t ask Gavin Newsom or Becerra that question - you might not like the answer. This is CA, there will be no logic, only obedience.
__________________
.

Reply With Quote
  #202  
Old 04-01-2019, 11:10 PM
Smedkcuf Smedkcuf is offline
Member
 
Join Date: Mar 2014
Location: Orange County
Posts: 385
iTrader: 0 / 0%
Default

Quote:
Originally Posted by SanDiego619 View Post
He's right. Any thing, aka device, that is a component of a normal magazine, is illegal to acquire.
From the text it looks like it doesn't apply to existing high-cap mags:

"This section does not apply to a fully assembled large-capacity magazine, which is governed by Section 32310."
Reply With Quote
  #203  
Old 04-01-2019, 11:12 PM
SkyHawk's Avatar
SkyHawk SkyHawk is offline
Front Toward Enemy 🔫
CGN Contributor
 
Join Date: Sep 2012
Location: Nakatomi Plaza - 30th floor
Posts: 13,909
iTrader: 161 / 100%
Default

Quote:
Originally Posted by Smedkcuf View Post
From the text it looks like it doesn't apply to existing high-cap mags:

"This section does not apply to a fully assembled large-capacity magazine, which is governed by Section 32310."
Right - it doesn’t apply to fully assembled mags, which were made illegal by 32310 which they helpfully refer you to. But it DOES apply to the constituent components of such a mag, aka spare parts if they are bought/imported individually or as unassembled mags.

What that says is a fully assembled mag will not be considered a “conversion kit”. But that does not make it legal to import spare parts for that fully assembled mag, no matter how old it is or how long you had it.

Look, stop looking for logic or relief here man - you won’t find it in these laws. They were designed to screw you over, period.
__________________
.


Last edited by SkyHawk; 04-01-2019 at 11:20 PM..
Reply With Quote
  #204  
Old 04-01-2019, 11:16 PM
curtisfong's Avatar
curtisfong curtisfong is offline
Calguns Addict
 
Join Date: Jan 2009
Posts: 6,062
iTrader: 9 / 100%
Default

Quote:
Originally Posted by SkyHawk View Post
Look, stop looking for logic or relief here man - you won’t find it in these laws. They were designed to screw you over, period.
QFT
__________________
The Rifle on the Wall

"“[S]cientific proof” of both gun-rights and gun-control theories “is very hard to get”; therefore, requiring “some substantial scientific proof to show that a [firearm] law will indeed substantially reduce crime and injury” is tantamount to applying strict scrutiny to, and almost certainly will lead to invalidation of, the law." - Kamela Harris

Lawyers and their Stockholm Syndrome
Reply With Quote
  #205  
Old 04-01-2019, 11:19 PM
Sputnik's Avatar
Sputnik Sputnik is offline
Shiny
CGN Contributor
 
Join Date: May 2011
Location: East Bay
Posts: 1,572
iTrader: 2 / 100%
Default

Quote:
Originally Posted by Smedkcuf View Post
From the text it looks like it doesn't apply to existing high-cap mags:

"This section does not apply to a fully assembled large-capacity magazine, which is governed by Section 32310."
32310 is the one banning acquisition of 11+ round mags.

So it appears I was incorrect. My post was edited to reflect that. I must have replaced my mag springs before rebuild parts were banned. Its good I bought extras. 3rd gen S&W parts are getting more scarce.

I pray to heaven we don't have to give up the ground we've gained back with the Duncan win. I don't want to go back to never knowing if what I'm doing is legal or not.

Another Edit to add: Gawd I HATE these stupid california laws!!

Last edited by Sputnik; 04-01-2019 at 11:24 PM..
Reply With Quote
  #206  
Old 04-01-2019, 11:29 PM
Smedkcuf Smedkcuf is offline
Member
 
Join Date: Mar 2014
Location: Orange County
Posts: 385
iTrader: 0 / 0%
Default

Quote:
Originally Posted by SkyHawk View Post
Right - it doesn’t apply to fully assembled mags, which were made illegal by 32310 which they helpfully refer you to. But it DOES apply to the constituent components of such a mag, aka spare parts if they are bought/imported individually or as unassembled mags.

What that says is a fully assembled mag will not be considered a “conversion kit”. But that does not make it legal to import spare parts for that fully assembled mag, no matter how old it is or how long you had it.

Look, stop looking for logic or relief here man - you won’t find it in these laws. They were designed to screw you over, period.
I'm interpreting it differently based on this line, and the part in bold:

"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."

So let's say you have a 10/30 magazine that's blocked but uses the same spring as a 30 round magazine. If you simply buy this same spring that the 10/30 magazine had, this in itself is not capable of converting it into a large capacity magazine. If it is, then the original spring is also capable of it. But then you might say, this section doesn't apply to fully assembled magazines, however that's not true as it only doesn't apply to fully assembled large capacity magazines which the 10/30 magazine is not.

On a related note, if you're buying individual parts for an existing large capacity magazine, that's not illegal either since you can't convert it into a large capacity magazine if it already is one. Since that doesn't follow the definition of convert.

Last edited by Smedkcuf; 04-01-2019 at 11:37 PM..
Reply With Quote
  #207  
Old 04-01-2019, 11:35 PM
SkyHawk's Avatar
SkyHawk SkyHawk is offline
Front Toward Enemy 🔫
CGN Contributor
 
Join Date: Sep 2012
Location: Nakatomi Plaza - 30th floor
Posts: 13,909
iTrader: 161 / 100%
Default

But the guy who started this asked about a hexmag - which *can* be converted with a spring swap and in fact the spring swap is required and is the only part required. And unless you know the dynamics of every single 10rd mag body ever made, by every possible manufacturer including 3rd parties, for any gun, that could also be converted in such a way, why go on with this?

For example: if a 30rd Magpul pmag spring can be put into a 10rd hexmag to convert it - guess what that makes a pmag spring? Bonus points if you said ‘illegal to import’.

Because the law doesn’t say ‘designed’ to convert - it says ‘capable’ of converting. No one cares if Magpul never designed their spring to go into a Hexmag. If the glove (or spring) fits as they say.... you’re screwed.

Now sure - there is always the requirement for Mens Rae. The requirement for a guilty mind. Yeah right - you always here people getting off for that, amiright?

Hey look, I don’t write these laws - I just point out their fallacies. The unintended consequences are what everyone should be worried about...
__________________
.


Last edited by SkyHawk; 04-01-2019 at 11:42 PM..
Reply With Quote
  #208  
Old 04-01-2019, 11:37 PM
G562 G562 is offline
Junior Member
 
Join Date: Jul 2018
Posts: 18
iTrader: 0 / 0%
Default

Based off 32311 does that mean adding a mag extension such as hyve or taran base plate make it illegal?
Reply With Quote
  #209  
Old 04-01-2019, 11:41 PM
Smedkcuf Smedkcuf is offline
Member
 
Join Date: Mar 2014
Location: Orange County
Posts: 385
iTrader: 0 / 0%
Default

Quote:
Originally Posted by SkyHawk View Post
But the guy who started this asked about a hexmag - which *can* be converted with a spring swap and in fact the spring swap is required and is the only part required. And unless you know the dynamics of every single 10rd mag body ever made, by every possible manufacturer including 3rd parties, for any gun, that could also be converted in such a way, why go on with this?

For example: if a 30rd Magpul pmag spring can be put into a 10rd hexmag to convert it - guess what that makes a pmag spring? Bonus points if you said ‘illegal to import’.

Because the law doesn’t say ‘designed’ to convert - it says ‘capable’ of converting. No one cares if Magpul never designed their spring to go into a Hexmag. If the glove (or spring) fits as they say.... you’re screwed.
Ok but 1) I thought you had to remove a block in the hexmag in addition to buying a new spring, and 2) does all of that still apply if you use the spring from an existing high cap mag that you already have, for use in the hexmag, instead of buying a new spring separately?
Reply With Quote
  #210  
Old 04-01-2019, 11:44 PM
SkyHawk's Avatar
SkyHawk SkyHawk is offline
Front Toward Enemy 🔫
CGN Contributor
 
Join Date: Sep 2012
Location: Nakatomi Plaza - 30th floor
Posts: 13,909
iTrader: 161 / 100%
Default

Quote:
Originally Posted by Smedkcuf View Post
Ok but 1) I thought you had to remove a block in the hexmag in addition to buying a new spring, and 2) does all of that still apply if you use the spring from an existing high cap mag that you already have, for use in the hexmag, instead of buying a new spring separately?
32310 and 32311 go hand in hand. 32310 is what precluded you from manufacturing a large cap mag, 32311 is what precludes you from getting the parts to do it. If you already had the parts in your possession, the theory before Duncan was 32310 still prevented you from using them.

Quote:
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...
As of this moment, if you have the parts already, and since 32310 seemingly is for the moment mute, you might be able to convert them. But 32311 says you can’t acquire parts to do it.

Note I am not a lawyer, am not giving legal advice I’m only shooting the breeze.
__________________
.


Last edited by SkyHawk; 04-01-2019 at 11:52 PM..
Reply With Quote
  #211  
Old 04-01-2019, 11:48 PM
SkyHawk's Avatar
SkyHawk SkyHawk is offline
Front Toward Enemy 🔫
CGN Contributor
 
Join Date: Sep 2012
Location: Nakatomi Plaza - 30th floor
Posts: 13,909
iTrader: 161 / 100%
Default

Quote:
Originally Posted by G562 View Post
Based off 32311 does that mean adding a mag extension such as hyve or taran base plate make it illegal?
Adding the parts (manufacturing) is covered by 32310, acquiring the parts is covered by 32311. 32311 was not addressed in the ruling, I can’t give you legal advice. If you already have the parts, you might be ok to add them. Maybe not so much to acquire them if you don’t have them already.
__________________
.

Reply With Quote
  #212  
Old 04-02-2019, 1:06 AM
paddyraid's Avatar
paddyraid paddyraid is offline
Member
 
Join Date: Aug 2017
Posts: 439
iTrader: 0 / 0%
Default

Quote:
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.

^^^^^^^ THIS
Reply With Quote
  #213  
Old 04-02-2019, 1:18 AM
CALI-gula's Avatar
CALI-gula CALI-gula is offline
Calguns Addict
 
Join Date: Jan 2006
Posts: 6,168
iTrader: 27 / 100%
Default

Quote:
Originally Posted by stix213 View Post
I believe the AG has to....
...'stay' in his lane.

CRPA is coming through.

.
Reply With Quote
  #214  
Old 04-02-2019, 1:24 AM
isntzen isntzen is offline
Member
 
Join Date: Jan 2018
Posts: 397
iTrader: 6 / 100%
Default

Quote:
Originally Posted by Discogodfather View Post
This is a news thread for informational purposes to help people understand what is happening in California in the early weeks of April 2019 regarding the LCM (Large Capacity Magazine) ban. It will be updated frequently over the next few days. Please try and keep this thread free from banter and let it focus on actual news.
I would like to share some actual news for some posters here who are having trouble adjusting to reality. The political landscape has drastically changed and so should your perspective.
One of our Constitutionalist brethren, who happens to be a judge, just faced down the neighborhood bully and bashed his teeth in.
I am wondering if are we going to step up and show support in a meaningful way, or continue to debate the best way to curl up in a ball when the bully responds.
The collective intelligence of this country elected a Constitutionalist President who is appointing Constitutionalist judges. This may be why judge Benitez felt empowered to do the right thing. It is clearly time for us to act and follow-up with whatever we have to contribute. If we do not focus upon defeating the remaining barriers to our Constitutionally guaranteed Freedom's we will most certainly end up losing them.
Reply With Quote
  #215  
Old 04-02-2019, 1:37 AM
9mmrevolver's Avatar
9mmrevolver 9mmrevolver is offline
Senior Member
 
Join Date: Nov 2006
Location: neverland
Posts: 1,279
iTrader: 3 / 100%
Default

What would that support look like? Maybe everyone go to the capital with just their high caps in hand (no firearms) to tell Gavin we ain’t gunna take it.
Reply With Quote
  #216  
Old 04-02-2019, 2:14 AM
isntzen isntzen is offline
Member
 
Join Date: Jan 2018
Posts: 397
iTrader: 6 / 100%
Default

Quote:
Originally Posted by 9mmrevolver View Post
What would that support look like? Maybe everyone go to the capital with just their high caps in hand (no firearms) to tell Gavin we ain’t gunna take it.
How about voting for a start. A great percentage of people here figure their time is just too important to indulge in such a pointless activity. Next, contribute what you can, monetarily and with rational conversation that may sway those who are tired of fake sexual assaults, fake bombs, fake refugees, and fake news.
Reply With Quote
  #217  
Old 04-02-2019, 2:37 AM
Maulerrr's Avatar
Maulerrr Maulerrr is offline
Senior Member
 
Join Date: Oct 2016
Location: San Diego
Posts: 892
iTrader: 9 / 100%
Default

Quote:
Originally Posted by jasonjm View Post
this.

I ordered from 5 places to to make sure at least one works.

4 of the 5 came through, so that means 40 mags for me
I initially put in a pretty large order through Prepper. Then we were all notified that they were gonna cancel orders while they consult their attorneys or some such. So I made the same exact order again through Skid Tactical. Then a couple hours later, I was notified by Prepper that they'd fulfill my order after all. Which means x2 of what I wanted lol (but also x2 of what I wanted to pay)
Reply With Quote
  #218  
Old 04-02-2019, 3:54 AM
Mp5marley's Avatar
Mp5marley Mp5marley is offline
Senior Member
 
Join Date: Jul 2012
Location: Inland empire x OC
Posts: 1,129
iTrader: 44 / 100%
Default

Quote:
Originally Posted by Nor*Cal View Post
Don't stress. The state has much bigger issues than if your order crosses state lines before a stay is issued. There's probably half a million mags on their way into the state right now.
Half a million? I know one guy alone that order 400,000 mags via bulk mag program. From this day in, everyone legally acquired mags right?
Reply With Quote
  #219  
Old 04-02-2019, 4:05 AM
Mp5marley's Avatar
Mp5marley Mp5marley is offline
Senior Member
 
Join Date: Jul 2012
Location: Inland empire x OC
Posts: 1,129
iTrader: 44 / 100%
Default

Wow! Did you guys scroll
Up and the read the “order” smart judge
Reply With Quote
  #220  
Old 04-02-2019, 4:37 AM
bruss01's Avatar
bruss01 bruss01 is offline
Veteran Member
 
Join Date: Feb 2006
Posts: 4,681
iTrader: 21 / 100%
Default

Quote:
Originally Posted by rm1911 View Post
So, what do I do with all the “repair kits” I have???


Sent from my iPad using Tapatalk
Use them to start repairing your 2A rights.
__________________
The one thing worse than defeat is surrender.
Reply With Quote
  #221  
Old 04-02-2019, 6:08 AM
metalman4051 metalman4051 is offline
Junior Member
 
Join Date: Oct 2013
Location: Lake Forest
Posts: 87
iTrader: 10 / 100%
Default

I see the state used Palmetto State Armory’s FB post as evidence that vendors are taking orders. PSA is in the fight (along with many others on the “taking orders” list) and we need to support them all.
Reply With Quote
  #222  
Old 04-02-2019, 6:10 AM
SanDiego619's Avatar
SanDiego619 SanDiego619 is offline
Senior Member
 
Join Date: Jan 2013
Posts: 815
iTrader: 5 / 100%
Default

Quote:
Originally Posted by isntzen View Post
I would like to share some actual news for some posters here who are having trouble adjusting to reality. The political landscape has drastically changed and so should your perspective.
One of our Constitutionalist brethren, who happens to be a judge, just faced down the neighborhood bully and bashed his teeth in.
I am wondering if are we going to step up and show support in a meaningful way, or continue to debate the best way to curl up in a ball when the bully responds.
The collective intelligence of this country elected a Constitutionalist President who is appointing Constitutionalist judges. This may be why judge Benitez felt empowered to do the right thing. It is clearly time for us to act and follow-up with whatever we have to contribute. If we do not focus upon defeating the remaining barriers to our Constitutionally guaranteed Freedom's we will most certainly end up losing them.
How can we show support in a meaningful way?
__________________
Where the people fear the government you have tyranny. Where the government fears the people you have liberty.
Reply With Quote
  #223  
Old 04-02-2019, 6:11 AM
SanDiego619's Avatar
SanDiego619 SanDiego619 is offline
Senior Member
 
Join Date: Jan 2013
Posts: 815
iTrader: 5 / 100%
Default

Quote:
Originally Posted by isntzen View Post
How about voting for a start. A great percentage of people here figure their time is just too important to indulge in such a pointless activity. Next, contribute what you can, monetarily and with rational conversation that may sway those who are tired of fake sexual assaults, fake bombs, fake refugees, and fake news.
Anyone who doesn't vote is a retarded idiot.

I voted for TRUMP and I always vote for the furthest right candidates. Never ever vote for a leftist EVER!!!!!!!
__________________
Where the people fear the government you have tyranny. Where the government fears the people you have liberty.
Reply With Quote
  #224  
Old 04-02-2019, 6:25 AM
timdps timdps is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Feb 2007
Posts: 3,225
iTrader: 8 / 100%
Default

Quote:
Originally Posted by rm1911 View Post
So, what do I do with all the “repair kits” I have???
Assemble them while it is legal to do so. Disassemble if the decision is reversed with no provisions for recent purchases/assemblies.

T
__________________
"A free people ought not only to be armed but disciplined; to which end a uniform and well digested plan is requisite: And their safety and interest require, that they should promote such manufactories, as tend to render them independent on others for essential, particularly for military supplies." - George Washington, 1790
Reply With Quote
  #225  
Old 04-02-2019, 6:30 AM
troyPhD troyPhD is offline
Member
 
Join Date: Dec 2005
Posts: 187
iTrader: 3 / 100%
Default

Quote:
Originally Posted by caliguy93 View Post
He has to act in good faith. He can't just sit on it for no good reason. if he's busy, needs time to consider and research, sure. But pure avoidance or laziness won't be allowed. There are rules of conduct judges must follow.
It took Benitez ~1.5 months after the original Plantiff filing to issue the original preliminary injunction back in 2017. So he can take his time to respond.

Last edited by troyPhD; 04-02-2019 at 6:35 AM..
Reply With Quote
  #226  
Old 04-02-2019, 6:35 AM
colossians323's Avatar
colossians323 colossians323 is offline
I need a LIFE!!
 
Join Date: Oct 2005
Posts: 19,448
iTrader: 41 / 100%
Default

Quote:
Originally Posted by Discogodfather View Post
Bercerra is making the argument, based on these cases:

"See Humane Soc’y of U.S. v. Gutierrez, 558 F.3d 896, 896 (9th Cir. 2009) (“A party seeking a stay must establish [1] that he is likely to succeed on the merits, [2] that
he is likely to suffer irreparable harm in the absence of relief, [3] that the balance of equities tip in his favor, and [4] that a stay is in the public interest.” (citing Winter
v. Nat’l Res. Def. Council, Inc., 555 U.S. 7, 20 (2008))).
"

Love to hear what that means translated from legalise.

It seems almost laughable that he is asking Judge Benitez to grant a stay based on the idea that an influx of LCM's into CA will cause harm. Didn't the decision just make the opposite case, that NOT having LCM's cause the public harm?
Yep, probably will not be granted. The California whole argument got shredded with the summary judgment
__________________
LIVE FREE OR DIE!

M. Sage's I have a dream speech;

Quote:
Originally Posted by M. Sage View Post
I dream about the day that the average would-be rapist is afraid to approach a woman who's walking alone at night. I dream of the day when two punks talk each other out of sticking up a liquor store because it's too damn risky.
Reply With Quote
  #227  
Old 04-02-2019, 6:35 AM
timdps timdps is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Feb 2007
Posts: 3,225
iTrader: 8 / 100%
Default

Quote:
Originally Posted by SanDiego619 View Post
He's right. Any thing, aka device, that is a component of a normal magazine, is illegal to acquire.
Only if used to convert a 10 rounder to a standard cap?

T
__________________
"A free people ought not only to be armed but disciplined; to which end a uniform and well digested plan is requisite: And their safety and interest require, that they should promote such manufactories, as tend to render them independent on others for essential, particularly for military supplies." - George Washington, 1790
Reply With Quote
  #228  
Old 04-02-2019, 6:35 AM
ilawson ilawson is offline
Member
 
Join Date: Mar 2009
Posts: 100
iTrader: 0 / 0%
Default

Buy the parts in Oregon, Nevada, Arizona etc. and assemble them in Oregon, Nevada, Arizona etc. Then bring functional LCMs back.

***I have no college degree and am definitely not a lawyer***
Reply With Quote
  #229  
Old 04-02-2019, 6:37 AM
Kokopelli's Avatar
Kokopelli Kokopelli is offline
Veteran Member
 
Join Date: Sep 2008
Location: "the drop edge of yonder"
Posts: 2,534
iTrader: 4 / 100%
Default

Quote:
Originally Posted by isntzen View Post
I would like to share some actual news for some posters here who are having trouble adjusting to reality. The political landscape has drastically changed and so should your perspective.
One of our Constitutionalist brethren, who happens to be a judge, just faced down the neighborhood bully and bashed his teeth in.
I am wondering if are we going to step up and show support in a meaningful way, or continue to debate the best way to curl up in a ball when the bully responds.
The collective intelligence of this country elected a Constitutionalist President who is appointing Constitutionalist judges. This may be why judge Benitez felt empowered to do the right thing. It is clearly time for us to act and follow-up with whatever we have to contribute. If we do not focus upon defeating the remaining barriers to our Constitutionally guaranteed Freedom's we will most certainly end up losing them.
Here, here!

__________________
“If we lose freedom here, there is no place to escape to. This is the last stand on earth.” - Ronald Reagan
"God is not on the side of the big battalions, but on the side of those who shoot best." - Voltaire
Reply With Quote
  #230  
Old 04-02-2019, 6:38 AM
AKSOG's Avatar
AKSOG AKSOG is offline
Veteran Member
 
Join Date: Jul 2007
Location: Nevada
Posts: 3,860
iTrader: 16 / 100%
Default

Quote:
Originally Posted by colossians323 View Post
Yep, probably will not be granted. The California whole argument got shredded with the summary judgment
Im just curious where it goes from there. Does the law stay in effect until the 9th rules on it like Peruta?
Reply With Quote
  #231  
Old 04-02-2019, 6:44 AM
Kokopelli's Avatar
Kokopelli Kokopelli is offline
Veteran Member
 
Join Date: Sep 2008
Location: "the drop edge of yonder"
Posts: 2,534
iTrader: 4 / 100%
Default

Quote:
Originally Posted by SanDiego619 View Post
How can we show support in a meaningful way?
Start by joining the NRA and using smile(dot)amazon(dot)com to support CRPA with all your online purchases.

Next, solicit the vendors who support us during this crucial time.
__________________
“If we lose freedom here, there is no place to escape to. This is the last stand on earth.” - Ronald Reagan
"God is not on the side of the big battalions, but on the side of those who shoot best." - Voltaire
Reply With Quote
  #232  
Old 04-02-2019, 6:47 AM
SanDiego619's Avatar
SanDiego619 SanDiego619 is offline
Senior Member
 
Join Date: Jan 2013
Posts: 815
iTrader: 5 / 100%
Default

Quote:
Originally Posted by Kokopelli View Post
Start by joining the NRA and using smile(dot)amazon(dot)com to support CRPA with all your online purchases.

Next, solicit the vendors who support us during this crucial time.
Thank you, I did donate to the NRA with my several mag purchases I made Friday and Saturday. I should actually join.

And I did not know I could use amazon to donate, I will set that up. I spend hundreds a month there.
__________________
Where the people fear the government you have tyranny. Where the government fears the people you have liberty.
Reply With Quote
  #233  
Old 04-02-2019, 6:54 AM
Den60's Avatar
Den60 Den60 is online now
Senior Member
 
Join Date: Jul 2016
Location: San Diego
Posts: 841
iTrader: 0 / 0%
Default

Quote:
Originally Posted by Califpatriot View Post
I don't know anything about family law, but I do know you can only go in ex parte with NO notice only in extremely limited circumstances. Not sure what happened with you.

Well, he did not act professionally either time, which is why I asked about it here - whether they could get to the judge without the plaintiff's side being heard.
__________________
Reply With Quote
  #234  
Old 04-02-2019, 6:57 AM
ugimports's Avatar
ugimports ugimports is offline
Vendor/Retailer
 
Join Date: Jun 2009
Location: Fremont, CA
Posts: 4,445
iTrader: 21 / 100%
Default

Here's a link to a summary page of all dates and documents in 1 spot: http://michellawyers.com/duncan-v-becerra/
__________________
us on facebook
UG Imports - Fremont, CA FFL - Transfers, New Gun Sales
Closure Schedule: http://ugimports.com/closed
web: http://ugimports.com/calguns / email: sales@ugimports.com
twitter: http://twitter.com/ugimports / phone: (510) 371-GUNS (4867)
FB: http://facebook.com/ugimports
NorCal Range Maps: http://ugimports.com/rangemaps

I AM THE MAJORITY!!!
Reply With Quote
  #235  
Old 04-02-2019, 7:01 AM
Den60's Avatar
Den60 Den60 is online now
Senior Member
 
Join Date: Jul 2016
Location: San Diego
Posts: 841
iTrader: 0 / 0%
Default

Quote:
Originally Posted by Solidsnake87 View Post
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.
I wouldn't expect Benitiez to do anything unusual. I think he expects that this will eventually end up in the SCOTUS and he wants to be seen as the guy in the white hat. I'm hoping he takes a bit of time to consider the stay and then says "no." It is going to take Becerra some time to prepare an appeal and the 9th likely would issue the stay and then things slow way down.
__________________
Reply With Quote
  #236  
Old 04-02-2019, 7:09 AM
Califpatriot Califpatriot is offline
Senior Member
 
Join Date: Jul 2016
Location: Sf bay area
Posts: 2,189
iTrader: 28 / 100%
Default

Quote:
Originally Posted by God Bless America View Post
Or they don't get paid for that work. I am not aware of a mechanism to force a judge to issue a ruling. I guess mandamus, or removal. But that's OT.
You're correct. They can be subject to discipline if they're regularly late. And they do get paid, just the pay is withheld until they catch up.
__________________
In case it wasn't obvious, nothing I write here should be interpreted as legal advice.
Reply With Quote
  #237  
Old 04-02-2019, 7:27 AM
troyPhD troyPhD is offline
Member
 
Join Date: Dec 2005
Posts: 187
iTrader: 3 / 100%
Default

Quote:
Originally Posted by paddyraid View Post
^^^^^^^ THIS
Quote:
Originally Posted by Den60 View Post
I wouldn't expect Benitiez to do anything unusual. I think he expects that this will eventually end up in the SCOTUS and he wants to be seen as the guy in the white hat. I'm hoping he takes a bit of time to consider the stay and then says "no." It is going to take Becerra some time to prepare an appeal and the 9th likely would issue the stay and then things slow way down.
Random thought. If Benitez takes 2 months to deny the stay. Then CA loses the "irreparable harm" argument by then. It will have already taken place from CA's perspective. It's in their own writing, which is why they requested Benitez respond as early as April 2. Then on what basis does CA have to appeal for stay in the 9th?

Ohhh... just love seeing Becerra et al backed into a corner in a panic.
Reply With Quote
  #238  
Old 04-02-2019, 8:05 AM
1911_Mitch 1911_Mitch is offline
Senior Member
 
Join Date: Dec 2005
Posts: 705
iTrader: 20 / 100%
Default

.....


Quote:
Originally Posted by caliguy93 View Post

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
__________________
CA born (5th gen), CA educated, Eagle Scout, NRA Member, Father, Small Business owner, Cancer survivor, Patriot

Last edited by 1911_Mitch; 04-11-2019 at 11:38 AM..
Reply With Quote
  #239  
Old 04-02-2019, 8:45 AM
SimpleCountryActuary's Avatar
SimpleCountryActuary SimpleCountryActuary is online now
Not a miracle worker
CGN Contributor - Lifetime
 
Join Date: Dec 2008
Posts: 2,902
iTrader: 9 / 100%
Default

Quote:
Originally Posted by troyPhD View Post
Random thought. If Benitez takes 2 months to deny the stay. Then CA loses the "irreparable harm" argument by then. It will have already taken place from CA's perspective. It's in their own writing, which is why they requested Benitez respond as early as April 2. Then on what basis does CA have to appeal for stay in the 9th?

Ohhh... just love seeing Becerra et al backed into a corner in a panic.
Becarra: Please, please, please let us go back to violating the Constitutional rights of Californians!

Judge: Um ... no.
__________________
"The most hated initials in America today ... TSA."

Said by yours truly to an audience of nodding IRS employees.
Reply With Quote
  #240  
Old 04-02-2019, 8:45 AM
God Bless America's Avatar
God Bless America God Bless America is offline
Veteran Member
 
Join Date: May 2014
Posts: 4,961
iTrader: 7 / 100%
Default

Quote:
Originally Posted by Den60 View Post
Well, he did not act professionally either time, which is why I asked about it here - whether they could get to the judge without the plaintiff's side being heard.
Yes but it is viewed with a jaundiced eye.

Ex-parte means 'one side.' One must still give notice, but the court may hear the matter with only one side present. It is disfavored, and judges don't like it because they are busy enough, but it has its place.

Here, I am pretty sure both parties can and will make it to court.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 8:21 AM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2018, Calguns.net an Incorporated Company All Rights Reserved.
Calguns.net and The Calguns Foundation have no affiliation and are in no way related to each other.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.