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Additional reactions culled from the case thread in Litigation

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  • MissiontoMars
    Senior Member
    • Aug 2012
    • 1544

    Originally posted by tenemae
    order?


    The judge has merely ordered that state LEOs must not enforce

    Your post is where my mind lands every time i think about this.

    Thanks for posting. Looking forward to having a lawyer answer this and similar questions.

    Comment

    • Discogodfather
      CGN Contributor
      • Feb 2010
      • 5516

      I think it's a landslide in terms of large retailers selling and shipping to CA. Palmetto and several others jumping on makes it really difficult for CA DOJ to attack just a few small businesses.

      The strength in numbers is really important, if retailers get on board and we all order what the hell can Newscum or Bercera do? It's a social movement at this point and they can't beat it down easily.

      This guy is a little to showy for me but it's a solid argument:

      Originally posted by doggie
      Someone must put an end to this endless bickering by posting the unadulterated indisputable facts and truth.
      Originally posted by PMACA_MFG
      Not checkers, not chess, its Jenga.
      "The California matrix of gun control laws is among the harshest in the nation and are filled with criminal law traps for people of common intelligence who desire to obey the law." - U.S. District Judge Roger T. Benitez

      Comment

      • pistol3
        Member
        • Jul 2009
        • 305

        Ex post facto enforcement of an enjoined law? See Article 1 Section 10 of the Constitution for comment.

        Comment

        • Featureless
          CGN/CGSSA Contributor
          CGN Contributor
          • Mar 2018
          • 2267

          Don't know if this has been asked yet, but how long will it take Xavier Basura to get this to the 9th Circuit? And is that the place it will be reversed/overturned?
          California Native
          Lifelong Gun Owner
          NRA Member
          CRPA Member

          ....."He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance."

          Declaration of Independence, 1776

          Comment

          • Chewy65
            Calguns Addict
            • Dec 2013
            • 5070

            Originally posted by Guninator
            Except that 32310 has already been enjoined for the past nine months and that tidal wave could have already occurred, at least out of state. After all, most magazines don't have manufacture dates. "I've had these 43 standard cap mags for 25 years!"
            And what if an sdt issues for credit card company records that show purchases over the weekend? The best thing might be to shut the pie hole and take politely take the 5th.

            Comment

            • Chewy65
              Calguns Addict
              • Dec 2013
              • 5070

              Originally posted by pistol3
              Ex post facto enforcement of an enjoined law? See Article 1 Section 10 of the Constitution for comment.
              Where do you come up with ex post facto? The law is on the books and has been for months. If the order enjoining enforcement is vacated nothing stops its enforcement.

              Comment

              • Chewy65
                Calguns Addict
                • Dec 2013
                • 5070

                Originally posted by tenemae
                order?


                The judge has merely ordered that state LEOs must not enforce
                Some stores are taking orders, but I believe most are not and more and more that took them are cancelling. I am no ordering because I don't want to be disbarred if found guilty of a felony, which I fear could be the result if Benitez's ruling is vacated, which has a high probability given any appeal will be to the 9th. I don't think we will have a final ruling on this for at least a year and a half and I hope to be out of this state by then.

                Comment

                • pistol3
                  Member
                  • Jul 2009
                  • 305

                  Originally posted by Chewy65
                  Where do you come up with ex post facto? The law is on the books and has been for months. If the order enjoining enforcement is vacated nothing stops its enforcement.
                  You can't retroactively criminalize legal actions. It is currently legal to purchase and import standard capacity magazines. You can't charge people criminally for it later.

                  Comment

                  • Guninator
                    Senior Member
                    • May 2017
                    • 666

                    Originally posted by Chewy65
                    Where do you come up with ex post facto? The law is on the books and has been for months. If the order enjoining enforcement is vacated nothing stops its enforcement.
                    "The right to keep and bear arms . . . is not the only constitutional right that has controversial public safety implications. -- Justice Alito, McDonald v. Chicago

                    Be sure to add CRPA as your charity in Amazon Smile. $#!thead Bezos canceled it.

                    Comment

                    • Hsu
                      Member
                      • Oct 2014
                      • 312

                      Originally posted by Chewy65
                      Some stores are taking orders, but I believe most are not and more and more that took them are cancelling. I am no ordering because I don't want to be disbarred if found guilty of a felony, which I fear could be the result if Benitez's ruling is vacated, which has a high probability given any appeal will be to the 9th. I don't think we will have a final ruling on this for at least a year and a half and I hope to be out of this state by then.
                      Wait which ones are canceling?

                      Comment

                      • Nor*Cal
                        Veteran Member
                        • Nov 2011
                        • 2687

                        Originally posted by Hsu
                        Wait which ones are canceling?
                        Very few. Bud's is the primary one that took lots of orders and then cancelled. And the number of sellers has increased throughout the past 2 days. Chewy65's statement does not seem to match up with what I am reading.

                        As for if those orders will actually ship, only time will tell.

                        Comment

                        • Scott Connors
                          Senior Member
                          • Aug 2006
                          • 879

                          Originally posted by longrifle1
                          Great call by Judge Benitez.

                          Who came up with 10 rounds anyway ? It is an arbitrary number. If the courts allow a 10 round restriction, then why not 5 rounds or one ?
                          Bill Ruger originally came up with the magic number "10", which he offered as a compromise to Senator Metzenbaum in place of banning the Mini-14.
                          "If a person who indulges in gluttony is a glutton, and a person who commits a felony is a felon, then God is an iron."--Spider Robinson.
                          "It is a ghastly but tenable proposition that the world is now ruled by the insane, whose increasing plurality will, in a few more generations, make probable the incarceration of all sane people born among them."--Clark Ashton Smith
                          "Every time a pro-terrorist Tranzi hangs, an angel gets his wings."--Tom Kratman

                          Comment

                          • tony270
                            Veteran Member
                            • Aug 2010
                            • 3345

                            Originally posted by Nor*Cal
                            Very few. Bud's is the primary one that took lots of orders and then cancelled. And the number of sellers has increased throughout the past 2 days. Chewy65's statement does not seem to match up with what I am reading.

                            As for if those orders will actually ship, only time will tell.
                            I think I see three different members that say only Arms Unlimited have sent confirmation shipping email notices.

                            This OT link, post 407, 408, and 409:

                            Comment

                            • Whiskey_Tango
                              Senior Member
                              • Mar 2014
                              • 1588

                              Just got an email that https://gunmagwarehouse.com is now shipping to CA.

                              Comment

                              • Nor*Cal
                                Veteran Member
                                • Nov 2011
                                • 2687

                                Originally posted by tony270
                                I think I see three different members that say only Arms Unlimited have sent confirmation shipping email notices.

                                This OT link, post 407, 408, and 409:

                                https://www.calguns.net/calgunforum/...521011&page=11
                                Keep in mind that most of these orders have been placed over the weekend. I'd expect a flood of shipments tomorrow.

                                It's going to be interesting to see how all this plays out this week.

                                Comment

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