State vs Local Mag Ban

[FourT6and2]

So... at least for the time being, the State can not ban standard capacity and high capacity magazines. Because it is unconstitutional to do so. But how does that affect local bans? This judge's summary judgement states that a specific State Law banning mags is unconstitutional. But some local municipalities have laws in place banning them. This judgement has nothing to do with those local laws.

[Librarian]

No effect - each local law must be challenged individually, there is no way a suit against a bit of Penal Code applies to laws in any other jurisdiction.

[Uncivil Engineer]

So... at least for the time being, the State can not ban standard capacity and high capacity magazines. Because it is unconstitutional to do so. But how does that affect local bans? This judge's summary judgement states that a specific State Law banning mags is unconstitutional. But some local municipalities have laws in place banning them. This judgement has nothing to do with those local laws.

They will need specific challenges but if the state ban is tossed they will likely be tossed as well.the local bans will need to prove how they are different, they aren't so its an easy win.

[Soginator]

Question, now that we have 30 rounders again, what does this mean for actually using them in RAW's? I'm guessing that needs to be challenged separately, but dare I hope that since banning their sale was deemed unconstitutional, banning their use would be as well?

[Librarian]

Question, now that we have 30 rounders again, what does this mean for actually using them in RAW's? I'm guessing that needs to be challenged separately, but dare I hope that since banning their sale was deemed unconstitutional, banning their use would be as well?

FAQ - see the first post in 'Do not use LCMS in mag locked guns' thread.

[phrogg111]

If you violate the unconstitutional local law, your defense is given in an 8th circuit decision. You'll still have to hire a lawyer if you get arrested.

[curtisfong]

In particular, as I understand it, Los Angeles (for example) only allowed its possession ban to sunset.

As far as I know. LA still has a selling, manufacturing, importing, and transferring ban.

I could be wrong; I would love to get more details on this.

https://firearmsunknown.com/FU2/blog/post/la-gloriously-fumbles-their-magazine-ban

While we should all be happy there is movement on the state level, let us never forget most of the population lives in cities/counties that have their own plethora of unchallenged laws.

[scootle]

I have to read the context again, but Benitez specifically called out the Sunnyvale ordinance (and related lawsuit Fyock et al.) in his judgement. Someone more astute than I can comment on how that fits into things.

[DustyAR]

https://youtu.be/oF0uaDGiF74

Like a stubborn child

Sent from my SM-N950U using Tapatalk

[curtisfong]

Becerra's response is boilerplate, dude.

[mrvaudo]

So Us in la city would still be in violation of some local law it sounds like?

[curtisfong]

So Us in la city would still be in violation of some local law it sounds like?

I'm still unclear on which of LA's magazine laws were sunset and which weren't

The nuisance regulation (banning possession) was definitely sunsetted.

I am having difficulty finding conclusive information on import/sales/manufacture/transfer etc.

[randomBytes]

so I just looked at Sunnyvale's code re LCM's
it says possession is not lawful - but makes no mention of what penalties might be - other than perhaps confiscation...

[Uncivil Engineer]

so I just looked at Sunnyvale's code re LCM's
it says possession is not lawful - but makes no mention of what penalties might be - other than perhaps confiscation...

A stern talking to

[boltstop]

so I just looked at Sunnyvale's code re LCM's
it says possession is not lawful - but makes no mention of what penalties might be - other than perhaps confiscation...

Also, you would be in violation of the law just by driving through Sunnyvale on your way from Santa Clara to Mountain View. Shows you how stupid these laws are.