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Additional reactions culled from the case thread in Litigation

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  • canopis
    Member
    • Aug 2012
    • 288

    On Reddit, they said something to the effect that their lawyers read the decision as clearly invalidating the law against possession of standard-cap mags, but that it is not clear regarding sale of those mags.
    I am not a lawyer, so my dribbles are not legal advice.

    Comment

    • nbk9nbk
      Senior Member
      • Apr 2012
      • 614

      Thank you for posting "websights" shipping

      Sent from my SM-G930T using Tapatalk

      Comment

      • Austrian
        Junior Member
        • Nov 2016
        • 9

        Riflegear has magazines

        Just ordered for pickup



        Good luck

        Comment

        • tuna quesadilla
          Calguns Addict
          • Apr 2006
          • 5147

          Originally posted by canopis
          On Reddit, they said something to the effect that their lawyers read the decision as clearly invalidating the law against possession of standard-cap mags, but that it is not clear regarding sale of those mags.
          Booooo. Well I guess you can't blame them for being cautious, given how abusive the CA DOJ can be. More sales for the other vendors, I guess.

          Comment

          • 71MUSTY
            Calguns Addict
            • Mar 2014
            • 7029

            Originally posted by ErikC12
            Sure, but I can't imagine that they'll be able to meet all of the demand right away. Same with Glock and M&P mags I would think. Is my reasoning flawed?
            It's not like these are rare, there are whole warehouses full to sell in other states and the Mag Dealers are buying in bulk. You really think you can scoop them? Go for it, CalGuns loves to see flippers get stuck.
            Only slaves don't need guns

            Originally posted by epilepticninja
            Americans vs. Democrats
            We stand for the Anthem, we kneel for the cross


            We already have the only reasonable Gun Control we need, It's called the Second Amendment and it's the government it controls.


            What doesn't kill me, better run

            Comment

            • audiophil2
              Senior Member
              CGN Contributor - Lifetime
              • Jan 2007
              • 8736

              Don't get too excited. It is the weekend. When you place an order your card could be processed and even show a deduction of credit on your end but the vendor could have its card settlement software set to reconcile at the end of the business day. If the vendors catch the orders in time they can cancel. If they do not catch them before card processor reconciliation they can send notice to oyu for cancellation and refund your card. The latter will cost them a card fee because the processors charge 1-3% to take your money and 1-3% to refund it. If you guys beat the vendors up with orders they have to cancel they will be taking a 2-6% loss this weekend on every order they have to refund. That is one of the main reasons PSA has a blanket no CA sales on many products.
              sigpic


              Private 10 acre range rentals
              [/URL]

              Comment

              • unclerandy
                Senior Member
                • Jun 2012
                • 1092

                tagged

                Comment

                • mrrobot
                  Junior Member
                  • Oct 2016
                  • 15

                  prepper website now says, "DURING INITIAL DISCOVERY WE WERE ADVISED THAT WE WOULD BE ABLE TO LEGALLY SELL THESE MAGAZINES. HOWEVER, AFTER FURTHER REVIEW, DUE TO OTHER QUESTIONAL CA REGULATIONS WE HAVE BEEN ADVISED BY OUR ATTORNEYS THAT WE WILL NEED TO CANCEL ALL OPEN CALIFORNIA MAGAZINE ORDERS."

                  Comment

                  • audiophil2
                    Senior Member
                    CGN Contributor - Lifetime
                    • Jan 2007
                    • 8736

                    Just looking at 1 major distributor inventory I see 2000 M3 pmags sold since 10pm last night. That was the only mag I looked at for quantity. Thee are still over 130,000 MOE black pmags instock. It will be interesting come Monday when more shop buyers desks come back to work.
                    sigpic


                    Private 10 acre range rentals
                    [/URL]

                    Comment

                    • tonyxcom
                      Calguns Addict
                      • Aug 2011
                      • 6397

                      Originally posted by audiophil2
                      The latter will cost them a card fee because the processors charge 1-3% to take your money and 1-3% to refund it.
                      Really depends on your processor. One of the ones that is used by a 3rd party we use to process race entries not only doesn't charge a fee for a refund, also refunds the original processing fee back.

                      Comment

                      • audiophil2
                        Senior Member
                        CGN Contributor - Lifetime
                        • Jan 2007
                        • 8736

                        Originally posted by tonyxcom
                        Really depends on your processor. One of the ones that is used by a 3rd party we use to process race entries not only doesn't charge a fee for a refund, also refunds the original processing fee back.
                        Ya, that would be nice in the gun business. I dumped my card processors. Since I sell machine guns online every processor including gun friendly processors lumped me into the highest risk category reserved only for offshore gambling and porn sites. I even told them I do not take credit or debit cards for NFA sales and they did not care. I doubt any gun dealer has terms that friendly unless they are only card present swipe sales.
                        sigpic


                        Private 10 acre range rentals
                        [/URL]

                        Comment

                        • 92E2
                          Senior Member
                          • Apr 2014
                          • 583

                          If we "donated" to our conservative, pro-2A judges, like liberals that buy gun grabbing judges, we would have more conservative, pro-2A judges making decisions like this. Time to lean from the opposition.

                          Comment

                          • tonyxcom
                            Calguns Addict
                            • Aug 2011
                            • 6397

                            Originally posted by audiophil2
                            Ya, that would be nice in the gun business. I dumped my card processors. Since I sell machine guns online every processor including gun friendly processors lumped me into the highest risk category reserved only for offshore gambling and porn sites. I even told them I do not take credit or debit cards for NFA sales and they did not care. I doubt any gun dealer has terms that friendly unless they are only card present swipe sales.
                            Ah that's a good point.

                            Comment

                            • John Browning
                              Calguns Addict
                              • May 2006
                              • 8089

                              Originally posted by canopis
                              On Reddit, they said something to the effect that their lawyers read the decision as clearly invalidating the law against possession of standard-cap mags, but that it is not clear regarding sale of those mags.
                              The prohibition on acquisition is specifically mentioned and struck down. I'm very confused as to why people are unsure about this and why we are waiting until next week to hear more. This reads to me, as a non-lawyer who tries to understand and follow the law, as a crystal clear end to the ban on 10 round mags. The below is from the actual ruling in the Conclusion on Page 83, which it seems many people opining on this haven't actually read. Most of the decision is a take down of the ban on 10 round magazines, NOT on the forced taking of ones already legally owned.

                              "Magazines holding more than 10 rounds are “arms.” California Penal Code Section 32310, as amended by Proposition 63, burdens the core of the Second Amendment by criminalizing the acquisition and possession of these magazines that are commonly held by law-abiding citizens for defense of self, home, and state."

                              "When the simple test of Heller is applied, a test that persons of common intelligence can understand, the statute fails and is an unconstitutional abridgment. It criminalizes the otherwise lawful acquisition and possession of common magazines holding more than 10 rounds – magazines that law-abiding responsible citizens would choose for self-defense at home."


                              The issue of legally owned pre-2000 magazines is almost an afterthought in the decision:

                              32310 is hereby declared to be unconstitutional in its entirety and shall be enjoined."

                              How does this NOT legally allow for the purchase of new standard capacity magazines? Someone care to give an informed legal opinion? If the entire section is declared unconstitutional, how can anything within it still be illegal?

                              Gun laws are so overly complex, that even well-meaning citizens with every intent of trying to follow the law have become fearful of some technical violation of some unknown law, which is a shame. I've had the personal experience of trying to figure out the law to gift a firearm across state lines, calling CA DOJ, and being told that by several different people that you just pay $19 and send in a CA DOJ form. If it wasn't for more leg work on my part and conversations with helpful people, I'd have taken very bad advice from DOJ despite my best efforts to be honest.

                              As an educated person and non-lawyer, I read this decision as a plain as day green light on the acquisition of new <10 round mags. If this decision can go through some kind of legal mental gymnastics to reach any other conclusion, then I don't think there is any hope for good people to wade the legal minefield that has apparently been created for legal gun owners.
                              Last edited by John Browning; 03-30-2019, 10:01 AM.
                              For Sale: Off Roster Handgun Moving Sale

                              For Sale: Off Roster CZ, Browning, PTR 91 Moving Sale

                              Originally posted by KWalkerM
                              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.

                              Comment

                              • Mesa Defense
                                Senior Member
                                • Feb 2009
                                • 2172

                                Originally posted by Austrian


                                Please post your success!

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