Transporting/Using Freedom Week Mags

[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.

[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.

[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]

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]

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]

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.

[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]

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]

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."

Well crap. If no mandate tomorrow and these jackwads dont work weekends. Mag dumps this weekend.

[tigerpan]

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 case will going up to Supreme Court.

[Deelayed]

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.

Thank you . And yes let's hope . I mean the corner has to be turned sometime .

[RickD427]

The case will going up to Supreme Court.

I think that you're absolutely correct on that point.

The big question is whether the Ninth Circuit, or Supreme Court, will issue a stay on enforcement pending consideration of the Certiorari request.

[Deelayed]

I think that you're absolutely correct on that point.

The big question is whether the Ninth Circuit, or Supreme Court, will issue a stay on enforcement pending consideration of the Certiorari request.

That depends on if the generous pelosi/ newsbum payouts are current and bonuses are processing

[Librarian]

From the main thread in 2A Litigation

https://californiariflepistol.app.neoncrm.com/np/clients/californiariflepistol/donation.jsp?test=true&campaign=173&

CRPA WILL petition for cert. That almost certainly means the mandate from Nov 30 will be stayed.

[L4D]

From the main thread in 2A Litigation

https://californiariflepistol.app.neoncrm.com/np/clients/californiariflepistol/donation.jsp?test=true&campaign=173&

CRPA WILL petition for cert. That almost certainly means the mandate from Nov 30 will be stayed.

As discussed above. There will be a window of enforcement small/large from when the mandate is issued to the submission of the petition for cert.

The window between (c) and (d). Please correct me if I'm wrong as I've read other timelines where Benitez must dissolve the injunction after the mandate is delivered but that's not described in Rule 41, unless i missed it.

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

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

Freedom week was just that, one week. Could there not be a "Conviction/Confiscation week"?