Additional reactions culled from the case thread in Litigation

[valleyM]

I find it somehow hilarious that after the Prop 63 (Gunmaggedon that bans magazines and other stuffs) became law, there was a statewide volunteering from the gun owners that tried to collect signatures to make another proposition that can overturn the Prop 63 on the next ballot. Too many gun owners didn't care to sign that initiative. The result was not enough signatures for that initiative to become proposition on the ballot. But now when there's a chance to buy magazines, everyone jumps in the bandwagon.

Well said. As one of those volunteers, I will say how incredibly frustrating it was to have gun store customers refuse to sign the petitions. And many who couldn't, since they freely admitted that they didn't register to vote because they wanted to avoid jury duty.

Had those people voted and signed the petitions and donated to the cause before, we might not even be in this situation.

[IVC]

There's no grandfathering, that's the entire point of the original lawsuit. Prop 63 outlawed all possession.

If possession ban is upheld, then it really doesn't matter.

However, if we return to the pre-prop time where only the acquisition was illegal, all magazines bought, imported and/or converted during this period will remain legal - there wasn't "magazine grandfathering" as such, only no legal way to obtain new ones.

[DB>]

Beccera claims the stay is needed to "protect" people who might exuberantly exercise their newly discovered constitutional rights as acknowledged by the ruling, yet elsewhere pooh poohs the (also unconstitutional) 5th amendment "takings" issue raised by the Plaintiffs... basically saying it's not even an issue.

He has now tacitly, explicitly, and on the record ADMITTED that people would prima facie be DAMAGED by being forced to dispossess themselves of legally acquired property should his position prevail....

Snake speak with forked tongue.... hopefully Da Judge will hand the snake his head!

The ruling quite eloquently shuts down the whole "have your cake and eat it too" approach taken by the AG/CADOJ, and they are too stupid to stop handing the judge ammunition...

[Kokopelli]

4. For all those who brought in magazines personally from out of state, or converted low cap mags, IMMEDIATELY take a picture of yourself with your new mags in a location that is clearly in CA (perhaps in your yard with your house in the background) and email the picture to yourself to create a time stamped record in a system you do not control showing that you imported or manufactured them when it was legal to do so before a possible stay is signed.

While I did take time stamped pictures of my MAGAzines, the burden of proof that we might not have obtained them during the Judge Benitez ruling is on THEM, not us.

Standard cap mags came in like a flood. This is what the AG is trying to stop but it's too late....

[SlimBlundt]

[SlimBlundt]

This is one Calguner that appreciates all you and others all you have done...AKA fastswift

(BTW - my son is super stoked about owning his own real standard magazines)

[Kokopelli]

Hi Calgunners,

I’m a non-Californian flooding your state with standard capacity mags since 3/31/19 (would’ve been sooner but I was out of town). I’ve made 3 trips to the local postal depot... so far.

A few observations from the outside looking in that I thought were worth sharing:

Thank you for your support and welcome to CALGUNS! One interesting outcome of all of this is it shows who in industry would support Americans in an emergency. There is one side that supports Americans Constitutional rights, and the other side supports the enemy. Californians (and the entire nation) are taking notes!

- Why do some here refer to them as “high capacity” or “large capacity” magazines? These are the standard capacity, as affirmed by Saint Roger Benitez. California mags are “restricted capacity,” and the exception.

Too much media misinformation leakes into the conversation. You are correct that the correct terminology is "standard capacity magazines".

Good luck and Godspeed, Calgunners!!! We free staters are pulling for you!!

Thank you, Slim! We are indeed all in this together. All for one and one for all.

[colossians323]

Even being anti, Benitez crushed any argument the State thought they had, it will be hard for them to award the State anything

[Dvrjon]

First, thanks for your support.

"Standard Capacity" varies from firearm to firearm, e.g.: a Glock 42 standard capacity is 6; a Colt 1911 is 7; an AR platform may be 20 or 30.

The California State Penal Code defines +10 mags as "Large Capacity Magazines". Since we're in California, it makes discussion clearer when using that term for California stupidity.

[dinamael]

I confirmed with Grabagun.com customer service that they are shipping standard cap mags to CA. I placed an order Sat night and they shipped it today!

Hmm, lucky you. I ordered them Saturday morning and nothing. BTW, hello fellow Santa Cruz Mountains resident. We've probably run into each other if you go to the SV range. :-)

[indobos72]

Looks like they may want to rethink about the 9th.

https://www.foxnews.com/politics/trump-reshapes-9th-circuit-gop-judges-near-majority

[92E2]

Looks like they may want to rethink about the 9th.

https://www.foxnews.com/politics/tru...-near-majority

"... For the first time in more than three decades, Republican-appointed judges will soon occupy nearly half the seats on the left-leaning 9th Circuit Court of Appeals -- dealing a setback to progressive legal advocates who have long seen the court as a safe bet for favorable rulings. ..."

We need way more than less than 50%. Trump needs another term to make that happen.

[OleCuss]

Looks like they may want to rethink about the 9th.

https://www.foxnews.com/politics/tru...-near-majority

Strategically, appealing to the 9th may not make sense if your intent is to keep 10+ round magazines prohibited in other states. Even if the 9th rules in favor of Basura, there is a good chance that the case goes to SCOTUS and we get a pro-freedom ruling.

But if you are thinking only of restricting things in Kalifornia, you have nothing to lose by appealing.

And politically it is mandatory.

In any case, we can safely assume that Basura would not be requesting the stay if he wasn't planning to appeal. They won't be re-thinking this.

[Uxi]

Trump & Republican Congress should have split the 9th circus and stacked the pieces with strict constructionists. Along with Hearing Protection Act (and an amendment to remove barrel lengths from NFA). Another wasted trifecta.

[Featureless]

Absent binding precedent from the Supreme Court, or the relevant Circuit Court, on-point rulings from other Courts of Appeals are persuasive authority.

Until now. It would appear that Judge Benitez, with well considered and articulately written Constitutional arguments has blown a hole through that archaic, arbitrary, fiat driven 'system'.