Duncan V Bonta - large cap mags: OLD THREAD

[aBrowningfan]

It's not even an infraction - it's not a crime, at all. We won an injunction in the case that this thread is about. So unless/until the courts say otherwise, it is legal to posses LCMs.

No to be pedantic, but the LCM(s) must have been acquired before the original ban was in force (2000?).

[CandG]

No to be pedantic, but the LCM(s) must have been acquired before the original ban was in force (2000?).

The law doesn't actually say that magazines you possessed have to have been lawfully acquired, it only says it is illegal to acquire them - a misdemeanor crime which has, iirc, a 2 or 3 year statute of limitations for prosecution. So effectively, if you acquired them before about 2014 then you're in the clear if you haven't already been charged with anything.

The action of possessing LCMs is legal, regardless of how you got them. It's the action of acquiring them which is illegal. It's a little like cuban cigars in that way.

Not that I'm suggesting people try to commit a crime or anything, just clarifying how the system works.

[HiND-SIGHT]

The law doesn't actually say that magazines you possessed have to have been lawfully acquired, it only says it is illegal to acquire them - a misdemeanor crime which has, iirc, a 2 or 3 year statute of limitations for prosecution. So effectively, if you acquired them before about 2014 then you're in the clear if you haven't already been charged with anything.

The action of possessing LCMs is legal, regardless of how you got them. It's the action of acquiring them which is illegal. It's a little like cuban cigars in that way.

Not that I'm suggesting people try to commit a crime or anything, just clarifying how the system works.

thanks

[426cuda]

I would settle for just being able to possess my lawfully acquired (pre-ban) mags.

As someone who could not purchase magazines before the ban I would love to be able to buy a normal magazine.

[aBrowningfan]

As someone who could not purchase magazines before the ban I would love to be able to buy a normal magazine.

Quickest path to achieving your aspiration would be move out of the Democratic Peoples Republic of Kalifornia.

I would love to be able to buy a pistol that is off roster, too. But the only way that is going to happen near-term (maybe even long-term) is to move out of state.

[Adobe]

Quickest path to achieving your aspiration would be move out of the Democratic Peoples Republic of Kalifornia.

I would love to be able to buy a pistol that is off roster, too. But the only way that is going to happen near-term (maybe even long-term) is to move out of state.

Or use the roster loop hole.

[aBrowningfan]

Or use the roster loop hole.

What loop hole?

[slayer61]

What loop hole?

[Bogart]

Loophole: They may have been referring to the single shot exemption. Which is no longer a route to off list roster handguns.

[wolfwood]

Today the opening brief gets filed by the state.

never mind they got another extension

[aBrowningfan]

Today the opening brief gets filed by the state.

never mind they got another extension

Why am I not surprised?

[painkiller]

Or the intramfamiliar transger

[El Viajero]

Any updates?

[aBrowningfan]

DPRK got an extension of time to file their brief.

IOW:

[wolfwood]

http://michellawyers.com/wp-content/uploads/2017/05/Duncan_Appellants-Opening-Brief-Preliminary-Injunction-Appeal.pdf

Opening Brief got filed