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  • #61
    tonyxcom
    Calguns Addict
    • Aug 2011
    • 6397

    In one of the strongest judicial statements in favor of the Second Amendment to date, Judge Roger T. Benitez of the U.S. District Court for the Southern District of California determined on Friday that California’s ban on commonly possessed firearm magazines violates the Second Amendment. The case is Duncan v. Becerra.

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    • #62
      drifts1
      Senior Member
      • Feb 2007
      • 1443

      Originally posted by sofbak
      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 probably what will happen, but we have a different SCOTUS now, and they've recently decide to hear it's first gun case in years, so that's a good sign. In fact we have a different 9th circuit, still super liberal, but a little less liberal than itywas 2yrs ago.

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      • #63
        John Browning
        Calguns Addict
        • May 2006
        • 8089

        This is different than CCW because that takes months and must go through the government.

        You can get a mag with $10 and a minutes time.
        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

        • #64
          Big Nasty
          Member
          • Dec 2017
          • 213



          Benitez described three home invasions, two of which ended with the female victims running out of bullets.

          In the third case, the pajama-clad woman with a high-capacity magazine took on three armed intruders, firing at them while simultaneously calling for help on her phone.

          "She had no place to carry an extra magazine and no way to reload because her left hand held the phone with which she was still trying to call 911," the judge wrote, saying she killed one attacker while two escaped.


          He ruled that magazines holding more than 10 rounds are "arms" under the U.S. Constitution, and that the California law "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."

          Comment

          • #65
            ChonchAR
            Member
            • Apr 2018
            • 356

            So can I buy them or not?

            Comment

            • #66
              mit31
              Member
              • Aug 2008
              • 450

              NO you can't.

              This is great news, but as at least a few people have already pointed out, NO, this means nothing for the next year or two, or three. This ruling will be held until appealed to a 3 judge panel at the 9th Circuit, THEN held pending En-Banc, THEN held pending SCOTUS. There is NO WAY that the 9th Circuit will let us buy 10+ mags while they decide if the Benitez ruling is correct. In the unlikely event that we actually win the 3 judge panel, it will be held pending En Banc, etc. There is no way this won't go all the way to SCOTUS.

              This is a great ruling, but all it means is that the status quo remains unchanged: you cant buy mags over 10 rounds, but you don't have to get rid of the 10+ rounders you owned before 2000.
              Last edited by mit31; 03-29-2019, 5:02 PM.
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              • #67
                JWHuey
                Senior Member
                • Jun 2011
                • 2300

                Originally posted by CDMichel
                Folks - I know everyone has a LOT of questions about the practical effects of this ruling. Please give us time to study it and we will put out a bulletin on the practical effects next week. We will review the questions posted here, and all the others we are getting, and try to answer them all. Meanwhile, have a beer tonight and be thankful that there are still judges who "get it" and respect the 2A! Oh, and join the NRA and CRPA. They they are funding this and a whole bunch of other 2A cases. They aren't perfect, but they are the best there is. And wha da ya want for $35 bucks anyway?!
                So a trip to AZ with a box truck and Amex Platinum card is premature at this point?
                sigpic

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                • #68
                  CaliforniaCowboy
                  Senior Member
                  • May 2015
                  • 1469

                  I hope this means I can buy some now, want to get some before Ca bans them again.
                  https://thedeplorablepatriot.com/

                  "A Holocaust survivor dies of old age, when he gets to heaven he tells God a Holocaust joke. God says, That isn't funny. The Old man tells God, well, I guess you had to be there."

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                  • #69
                    tonyxcom
                    Calguns Addict
                    • Aug 2011
                    • 6397

                    Originally posted by mit31
                    NO you can't.

                    This is great news, but as at least a few people have already pointed out, NO, this means nothing for the next year or two, or three. This ruling will be held until appealed to a 3 judge panel at the 9th Circuit, THEN held pending En-Banc, THEN held pending SCOTUS. There is NO WAY that the 9th Circuit will let us buy 10+ mags while they decide if the Benitez ruling is correct.

                    This is a great ruling, but all it means is that the status quo remains unchanged: you cant buy mags over 10 rounds, but you don't have to get rid of the 10+ rounders you owned before 2000.
                    Judge's ruling is as of today. Until there is an injunction on his ruling why isn't it fair game?

                    Comment

                    • #70
                      aBrowningfan
                      Senior Member
                      • Jan 2014
                      • 1475

                      Originally posted by mit31
                      NO you can't.

                      This is great news, but as at least a few people have already pointed out, NO, this means nothing for the next year or two, or three. This ruling will be held until appealed to a 3 judge panel at the 9th Circuit, THEN held pending En-Banc, THEN held pending SCOTUS. There is NO WAY that the 9th Circuit will let us buy 10+ mags while they decide if the Benitez ruling is correct. In the unlikely event that we actually win the 3 judge panel, it will be held pending En Banc, etc. There is no way this won't go all the way to SCOTUS.

                      This is a great ruling, but all it means is that the status quo remains unchanged: you cant buy mags over 10 rounds, but you don't have to get rid of the 10+ rounders you owned before 2000.
                      You are a bit out over your skis on your interpretation. Unless and until the CA-DoJ gets a stay entered, Judge Benitez's ruling holds. I would be surprised if CA-DoJ is not able to get the 9th Circus to issue a stay, but for right now, it is no longer a felony to import magazines with a capacity > 10 rounds. Getting a store to sell you a magazine with a capacity > 10 rounds is another matter, as the stores are risk-averse and don't want to get caught up in an issue that is still fluid.

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                      • #71
                        CandG
                        Spent $299 for this text!
                        CGN Contributor - Lifetime
                        • Apr 2014
                        • 16970

                        Newsom's anti-gun crusade hilariously backfired on him by actually reducing our state's gun control laws from what we had before he started. This is awesome.
                        Settle down, folks. The new "ghost gun" regulations probably don't do what you think they do.


                        Comment

                        • #72
                          mit31
                          Member
                          • Aug 2008
                          • 450

                          "Over my skis?" That's a new one. How comfortable would you be as one of the people that buy a mag during one of the single digit days between this order and the stay that we KNOW is coming? Especially prior to Becerra certifying that he has notified all law enforcement in the state that it is allowed? I would not be (assuming as you mentioned, you could find someone). People on here are acting like they think they can just cruise down to walmart next week and buy banana mags... how about we set some realistic expectations here?

                          Originally posted by aBrowningfan
                          You are a bit out over your skis on your interpretation. Unless and until the CA-DoJ gets a stay entered, Judge Benitez's ruling holds. I would be surprised if CA-DoJ is not able to get the 9th Circus to issue a stay, but for right now, it is no longer a felony to import magazines with a capacity > 10 rounds. Getting a store to sell you a magazine with a capacity > 10 rounds is another matter, as the stores are risk-averse and don't want to get caught up in an issue that is still fluid.
                          Last edited by mit31; 03-29-2019, 5:17 PM.
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                          12/30/22 Training Sent
                          01/02/23 Training Received
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                          04/20/23 Pick Up Date

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                          • #73
                            wilderness medic
                            Banned
                            • Mar 2018
                            • 845

                            Originally posted by mit31
                            "Over my skis?" That's a new one. How comfortable would you be as one of the people that buy a mag during one of the single digit days between this order and the stay that we KNOW is coming? Especially prior to Becerra certifying that he has notified all law enforcement in the state that it is allowed? I would not be (assuming as you mentioned, you could find someone).
                            Very

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                            • #74
                              tonyxcom
                              Calguns Addict
                              • Aug 2011
                              • 6397

                              Originally posted by mit31
                              "Over my skis?" That's a new one. How comfortable would you be as one of the people that buy a mag during one of the single digit days between this order and the stay that we KNOW is coming? Especially prior to Becerra certifying that he has notified all law enforcement in the state that it is allowed? I would not be (assuming as you mentioned, you could find someone).
                              You must work at Optics Planet.

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                              • #75
                                CandG
                                Spent $299 for this text!
                                CGN Contributor - Lifetime
                                • Apr 2014
                                • 16970

                                If I paid cash, I'd be perfectly comfortable, why not?
                                Settle down, folks. The new "ghost gun" regulations probably don't do what you think they do.


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