Additional reactions culled from the case thread in Litigation

[thebowser]

That's awesome news!



It may not be appealed to the 9th and if it is it might not be overturned there. Wtih all the Trump appointments, a 3-judge panel has a substantial chance of not giving the other side a victory. Trump will have three or four more 9th circuit appointments seated by the time a 3-judge panel would be seated. Do they want to risk that? If they do risk it and lose, next stop is SCOTUS, where again, they have a substantial chance of losing, especially because RBG may be off the court by that time. Do they really want to put at risk NY's law as well as California's?

I'm wondering what's the practical application of this, of course.

I was thinking along the same lines with Young v. Hawaii, and yet we all know how that turned out. Granted, this would take a while to get through the 9th, but they might bank on Trump losing the upcoming election.

[uglyduckling]

So 100%, you guys can receive them?

I would consult an actual lawyer, to be sure.

[Hoop]

That's awesome news!



It may not be appealed to the 9th and if it is it might not be overturned there. Wtih all the Trump appointments, a 3-judge panel has a substantial chance of not giving the other side a victory. Trump will have three or four more 9th circuit appointments seated by the time a 3-judge panel would be seated. Do they want to risk that? If they do risk it and lose, next stop is SCOTUS, where again, they have a substantial chance of losing, especially because RBG may be off the court by that time. Do they really want to put at risk NY's law as well as California's?

I'm wondering what's the practical application of this, of course.

Yeah but right now I just wanna think positively. Maybe just maybe the 2nd Amendment isn't completely ****ing dead here in Cali.

[Chatterbox]

Jeffrey Silvester of the Firearms Policy Foundation wrote:
"Chuck's post is a little misleading. the High Cap Mag Ban was not struck down. The law that added $100 fine per mag, was struck down. This may pave a road to the whole thing being struck, but, CA Penal Code 32390 is still enforceable. "

So maybe let's hold off on popping the champagne?

[aBrowningfan]

Recalling what happened with Peruta v Gore in San Diego, I wouldn't be celebrating too much now or rushing out to buy std cap mags. Wait til the 9th circus gets after this with an en banc hearing.

That's awesome news!



It may not be appealed to the 9th and if it is it might not be overturned there. Wtih all the Trump appointments, a 3-judge panel has a substantial chance of not giving the other side a victory. Trump will have three or four more 9th circuit appointments seated by the time a 3-judge panel would be seated. Do they want to risk that? If they do risk it and lose, next stop is SCOTUS, where again, they have a substantial chance of losing, especially because RBG may be off the court by that time. Do they really want to put at risk NY's law as well as California's?

I'm wondering what's the practical application of this, of course.

Check out sofbak's post above. Don't underestimate the 9th Circus's ability to screw things up for 2A rights.

[JWHuey]

This is all well and good, but, have we all forgotten who the new Governor is?

I am all about jumping for joy, and running out to stock up on 10+ round mags.

Are the lawyers who won this case saying thats what we should do???

[Moemoe1]

Where can I buy standard cap mags right now 😭

[USMCmatt]

So we can't own them then? Guess I'm not going out of state this weekend...

[drifts1]

Most stores have an le only section with standards. I expect them to be sold out. Now

I wouldn't expect too many gun stores to be selling to civilians, most tend to be uber cautious.

[vino68]

Newscum will declare a state of emergency. See why we cannot have nice things.

[Chatterbox]

So we can't own them then? Guess I'm not going out of state this weekend...

I would certainly wait on actual lawyers making actual interpretation of the decision. If (for example) Chuck Michel says that buying a hicap magazine is no longer a crime, then I would start driving.

[Neil McCauley]

I would certainly wait on actual lawyers making actual interpretation of the decision. If (for example) Chuck Michel says that buying a hicap magazine is no longer a crime, then I would start driving.

Sitting in my car idling

[thebowser]

Jeffrey Silvester of the Firearms Policy Foundation wrote:
"Chuck's post is a little misleading. the High Cap Mag Ban was not struck down. The law that added $100 fine per mag, was struck down. This may pave a road to the whole thing being struck, but, CA Penal Code 32390 is still enforceable. "

So maybe let's hold off on popping the champagne?

From the last page of the 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.

DATED: March29, 2019

It explicitly states law enforcement is no longer allowed to enforce PC 32310. To me, this order is striking the entirety of PC 32310, not just the section regarding the $100 fine.

PC 32310 states:

The way I read it all, the ban has been lifted altogether. Whether or not that's actually the case, I can't say for certain.

[aBrowningfan]

Isn't Judge Benitez hearing the challenge to the Internet Ammunition Sales Ban? Maybe the chance of that getting struck down just went up as well.

[joe_sun]

This is some fantastic, much needed news!

Congrats to all involved and the entire State!