Additional reactions culled from the case thread in Litigation

[aBrowningfan]

I will be buying pistol mags for my G19 and Sig though.

What are you guys doing?

Regardless of whether CA-DoJ goes down without a fight or not, there is still the PC that relates to magazines with a capacity > 10 being a nuisance. Until that PC gets stayed/ruled unconstitutional, it would be prudent to take 10 round magazines to public ranges to avoid any risk of confiscation.

[pistol3]

I wonder how this plays out in municipalities that have their own standard capacity magazine bans like Sunnyvale.

[champu]

I made no comment whatsoever about the Ninth's ultimate decision on the merits.

[92E2]

NewScum has to be loving this.

[faterikcartman]

from grabagun



we'll see tomorrow

Wha-huh? Did you just get this from them today? Someone had put grabagun on the list of will-ship. Now that is not necessarily the case?

[Chewy65]

Yes and yes. This is all academic of course since, as you said, 32310 has gone "poof" in its entirety, to use arcane legal terminology.

Yes, "poof" is the appropriate legal jargon. Ala Kazam also works well.

[Guninator]

Somebody help me out. If as of right now PC32310 is invalid (just for sake of argument say it was erased from the books), what other law is still on the books that prohibits sales/purchases of std cap mags - have I missed it?

[SkyHawk]

So basically nothing. Exactly what I thought. Those laws you cited are poop butt nothing burgers for joe citizen.

[Chewy65]

Guninator, You seem to know your stuff. I err on the side of caution when it comes to my personal life and decided not to risk importing any 10+ magazines until the 9th speaks. Meanwhile, I am curious as to what you think could happen if anyone purchases or imports them before any stay of Benitez' injunction issues, if one does. To begin any analysis, I might start with the fact that the SJ merely enjoins enforcement of the code section, but it remains on the books. Even if one buys or receives when enforcement is enjoined, can they be prosecuted if the state is no longer enjoined?

[Jarrod]

That article is not authored by E. Volokh, but by David Kopel who is a strong supporter of the right. Volokh too is a strong supporter but he did come out with an article back in 2014 stating that Mag restriction laws do pass constitutional review. https://www.washingtonpost.com/news/...=.059cf8f29020

I was hoping to see if he had changed his mind as I highly respect his writing on 2A issues

Oops. I apologize for me error. Mea culpa.

[SkyHawk]

Guninator, You seem to know your stuff. I err on the side of caution when it comes to my personal life and decided not to risk importing any 10+ magazines until the 9th speaks. Meanwhile, I am curious as to what you think could happen if anyone purchases or imports them before any stay of Benitez' injunction issues, if one does. To begin any analysis, I might start with the fact that the SJ merely enjoins enforcement of the code section, but it remains on the books. Even if one buys or receives when enforcement is enjoined, can they be prosecuted if the state is no longer enjoined?

The order is just a consequence of the finding, which in my opinion makes everything clear.

[tenemae]

This is all academic of course since, as you said, 32310 has gone "poof" in its entirety, to use arcane legal terminology.

order?

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.

The judge has merely ordered that state LEOs must not enforce

[danez71]

Wha-huh? Did you just get this from them today? Someone had put grabagun on the list of will-ship. Now that is not necessarily the case?

Who are the ones the will ship?

I didn't see a list but I'm old.

[tenemae]

Who are the ones the will ship?

I didn't see a list but I'm old.

https://www.calguns.net/calgunforum/showpost.php?p=22823173&postcount=1

[dfletcher]

I always thought it interesting the revolver used in Heller was a 9 shot rather than the conventional 6 shot type and viewed it as a deliberate choice. A "higher capacity" revolver so to speak. Is that of any importance?