Transporting/Using Freedom Week Mags

[RickD427]

The way I read it, there is a window of enforcement once the mandate is delivered? There is a period of time to request a stay of the mandate to file for writ. A few dangerous days or weeks?

Yes there is. That's why I qualified my statement with "approximately" and provided the reference to the Federal Rules of Appellate Procedure.

There's a bunch of different avenues this thing can go down, and they all have their own time-lines.

The whole idea behind the "Mandate" is that it gives a short period of time after the decision is announced for folks to seek a stay before the decision goes into effect. It's just a way of avoiding "Judicial Whiplash."

[L4D]

Expect the current injunction to go away once the Ninth Circuit issues the mandate on its decision. Plan on that occurring approximately 21 days after the decision. Please refer to Rule 41 of the Federal Rules of Appellate Procedure for the details.

You've had three posters, in pretty short order, point out that you were quite wrong in your postings. Let's please cease feeding our fellow Calgunners bad information.

The way I read it, there is a window of enforcement once the mandate is delivered? There is a period of time to request a stay of the mandate to file for writ. A few dangerous days or weeks?

(c) Effective Date. The mandate is effective when issued.

(d) Staying the Mandate Pending a Petition for Certiorari.

(1) Motion to Stay. A party may move to stay the mandate pending the filing of a petition for a writ of certiorari in the Supreme Court. The motion must be served on all parties and must show that the petition would present a substantial question and that there is good cause for a stay.

[RickD427]

Thanks for not ripping me a new one for trying inject a little bit of wackiness in this frustrating situation. . think I'm going to go put some live ones through my new shootin iron tomorrow . See what she can do .

Now that sounds like a very good plan.

Please enjoy your day at the range.

Let's hope the Supreme Court does a good job with NYSPRA and that Duncan can follow.

[Deelayed]

Nope, but then you knew that.

But it's only a misdemeanor with a max of one year in jail, you'd probably only get probation with a clean record, and about $10,000-$30,000 in legal fees.

Pretty expensive pin to be loosing.

Thanks for not ripping me a new one for trying inject a little bit of wackiness in this frustrating situation. . think I'm going to go put some live ones through my new shootin iron tomorrow . See what she can do .

[RickD427]

Ok hmmm so .. what if my pre ban mag was pinned at ten but I removed the pin and lost it but found it under my monkey's uncle .and put the pin in my closet but moved and didn't take the closet with me am I good to go? Generally speaking of course .

Nope, but then you knew that.

But it's only a misdemeanor with a max of one year in jail, you'd probably only get probation with a clean record, and about $10,000-$30,000 in legal fees.

Pretty expensive pin to be loosing.

[Deelayed]

Ok hmmm so .. what if my pre ban mag was pinned at ten but I removed the pin and lost it but found it under my monkey's uncle .and put the pin in my closet but moved and didn't take the closet with me am I good to go? Generally speaking of course .

[RickD427]

Expect the current injunction to go away once the Ninth Circuit issues the mandate on its decision. Plan on that occurring approximately 21 days after the decision. Please refer to Rule 41 of the Federal Rules of Appellate Procedure for the details.

You've had three posters, in pretty short order, point out that you were quite wrong in your postings. Let's please cease feeding our fellow Calgunners bad information.

[tigerpan]

There's the proverbial "Failure to Communicate" going here.

"ARDude" is right on point.

Penal Code section 32310 makes the possession of ALL Large-Capacity Magazines illegal (although there are some exceptions contained in other statutes, none of them apply to ordinary folks).

There is no "Grandfathering."

The Ninth Circuit has just upheld the constitutionality of PC 32310. The corresponding Mandate to that decision has not yet been issued, but should be forthcoming shortly.

Judge Benetiz's injunction against enforcement of portions of PC 32310 is still in effect, but you should expect that it will be lifted as soon as the Mandate is issued.

Once that occurs, and if no other stay is issued, then the simple possession of a large-capacity magazine, regardless of when it was acquired, can be prosecuted.

[9Cal_OC]

Wrong


Wrong.

So point them in the wrong direction oh wise one

[ohsmily]

People need understand there are multiple weapon type

Featureless rifle - 30round ok
Fix-mag rifle - no ok
BB rifle - no ok
Original AW ban/registered rifle - ok

Wrong

It should not effect those mag are already grandfather in. Same as the 2000 preban mags.

Wrong.

[ARDude]

It should not effect those mag are already grandfather in. Same as the 2000 preban mags.

It effects ALL magazines over 10 rounds. No matter when they were acquired.
Pre 2000...illegal. Freedom Week...illegal.


**Rick is always correct, with all the pertinent verbiage**

[RickD427]

Except now with the recent decision, any magazine over 10 rounds would be illegal. Once the injunction is lifted. No matter what type firearm is used.

It should not effect those mag are already grandfather in. Same as the 2000 preban mags.

There's the proverbial "Failure to Communicate" going here.

"ARDude" is right on point.

Penal Code section 32310 makes the possession of ALL Large-Capacity Magazines illegal (although there are some exceptions contained in other statutes, none of them apply to ordinary folks).

There is no "Grandfathering."

The Ninth Circuit has just upheld the constitutionality of PC 32310. The corresponding Mandate to that decision has not yet been issued, but should be forthcoming shortly.

Judge Benetiz's injunction against enforcement of portions of PC 32310 is still in effect, but you should expect that it will be lifted as soon as the Mandate is issued.

Once that occurs, and if no other stay is issued, then the simple possession of a large-capacity magazine, regardless of when it was acquired, can be prosecuted.

[tigerpan]

Except now with the recent decision, any magazine over 10 rounds would be illegal. Once the injunction is lifted. No matter what type firearm is used.

It should not effect those mag are already grandfather in. Same as the 2000 preban mags.

[ARDude]

People need understand there are multiple weapon type

Featureless rifle - 30round ok
Fix-mag rifle - no ok
BB rifle - no ok
Original AW ban/registered rifle - ok

Except now with the recent decision, any magazine over 10 rounds would be illegal. Once the injunction is lifted. No matter what type firearm is used.

[tigerpan]

Looking for any help on this. I'm not sure if it's been discussed as I couldn't find anything specifically on it.

If I go shooting and take a rifle with features and one without features, are there any issues with me having a 30-round freedom week magazine with me? I know you cannot put the 30 rounder in the rifle with features, but are there any issues with me having it?

IE; should I only take the 30-rounder when I only have the featureless rifle? Or as long as I'm not using the magazine in the featured rifle I'm okay?

My rifle bags have spots for magazines to sit in while transporting. If it's okay to have, is there any issues having them sitting in the same bag as the featured rifle? Or should I keep them somewhere else?

Might be a dumb question, but just want to make sure I'm okay and not falling into a gray area.

People need understand there are multiple weapon type

Featureless rifle - 30round ok
Fix-mag rifle - no ok
BB rifle - no ok
Original AW ban/registered rifle - ok