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Author Topic: Court Strikes Down California's Ban on Standard Capacity Magazines.!!!  (Read 4374 times)

Offline CRPA

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BREAKING: Glorious and Compelling District Court Ruling in the NRA / CRPA Duncan Case Strikes Down California's Ban on Standard Capacity Magazines. This is a MUST READ. The State Will Appeal.

http://michellawyers.com/wp-content/uploads/2019/03/Duncan-2019-03-29-Order-Granting-Plaintiffs-MSJ.pdf?fbclid=IwAR0B1K9uqTLOdzJieJ6BMiBtRS0jdYT2id4OKm6suWAzGqo1V9eoe_wL9aA

Quote
This decision is a freedom calculus decided long ago by Colonists who cherished
individual freedom more than the subservient security of a British ruler. The freedom
they fought for was not free of cost then, and it is not free now.
IT IS HEREBY ORDERED that:
1. Defendant Attorney General Xavier Becerra, and his officers, agents, servants,
employees, and attorneys, and those persons in active concert or participation with him,
and those duly sworn state peace officers and federal law enforcement officers who gain
knowledge of this injunction order, or know of the existence of this injunction order, are
enjoined from enforcing California Penal Code section 32310.
2. Defendant Becerra shall provide, by personal service or otherwise, actual notice
of this order to all law enforcement personnel who are responsible for implementing or
enforcing the enjoined statute. The government shall file a declaration establishing proof
of such notice.
DATED: March 29, 2019 _______________________________
HON. ROGER T. BENITEZ
United States District Judge
« Last Edit: March 29, 2019, 04:23:56 PM by < »
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Offline NRA-support

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Full legal analysis coming next week.

=============================

Breaking! Federal Court Finds California Magazine Ban Violates the Second Amendment

FRIDAY, MARCH 29, 2019

Breaking! Federal Court Finds California Magazine Ban Violates the Second Amendment

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.

The NRA-supported case had already been up to the U.S. Court of Appeals for the Ninth Circuit on the question of whether the law’s enforcement should be suspended during proceedings on its constitutionality. Last July, a three judge panel of the Ninth Circuit upheld Judge Benitez’s suspension of enforcement and sent the case back to him for further proceedings on the merits of the law itself. 

Judge Benitez rendered his opinion late Friday afternoon and handed Second Amendment supporters a sweeping victory by completely invalidating California’s 10-round limit on magazine capacity. “Individual liberty and freedom are not outmoded concepts,” he declared.  

In a scholarly and comprehensive opinion, Judge Benitez subjected the ban both to the constitutional analysis he argued was required by the U.S. Supreme Court in District of Columbia v. Heller and a more complicated and flexible test the Ninth Circuit has applied in prior Second Amendment cases. 

Either way, Judge Benitez ruled, the law would fail. Indeed, he characterized the California law as “turning the Constitution upside down.” He also systematically dismantled each of the state’s purported justifications for the law, demonstrating the factual and legal inconsistencies of their claims.

NRA-ILA Executive Director Chris W. Cox hailed the decision as a “huge win for gun owners” and a “landmark recognition of what courts have too often treated as a disfavored right.” 

“Judge Benitez took the Second Amendment seriously and came to the conclusion required by the Constitution,” Cox said. “The same should be true of any court analyzing a ban on a class of arms law-abiding Americans commonly possess for self-defense or other lawful purposes.”

Unfortunately, Friday’s opinion is not likely to be the last word on the case. The state will likely appeal to the Ninth Circuit, which has proven notably hostile to the Second Amendment in past decisions.

Nevertheless, the thoroughness of Judge Benitez’s analysis should give Second Amendment supporters the best possible chance for success in appellate proceedings, particularly if the case ultimately lands before the U.S. Supreme Court.

In the meantime, Friday’s order prohibits California from enforcing its magazine restrictions, leaving its law-abiding residents safer and freer, at least for the time being. 

« Last Edit: March 29, 2019, 05:54:47 PM by < »

Offline drgo

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I am most encouraged by this summary judgment and injunction against enforcement of Gavin Newsom's (and the legislature's) laws turning anyone who owns standard-capacity magazines into overnight criminals. Judge Benitez has exposed Newsom and our legislature for what they are--politicians who will gladly imprison hundreds of thousands of good, upstanding Californians for not bowing down to their unconstitutional demands that we give up our guns. If you still are in possession of your Glock (or similar) 17-round or 21-round mags, or any other magazines that can hold more than 10 rounds, you are a criminal! You are subject to prosecution and conviction for a crime, with all that means for your job, your family's financial security, and your very freedom!

And look at the language Judge Benitez uses in championing our right to keep and bear arms!  Rarely does a judge speak so frankly in a formal opinion.

We have gun rights attorney Chuck Michel and his office to thank for this great win, as well as Virginia Duncan, the plaintiff, for standing up to California's anti-civil rights Department of Justice. But the battle is not over. Even though Judge Benitez orders California Attorney General Xavier Becerra to stop enforcing the law, and to notify all California law enforcement accordingly, Becerra has made a point of defying court decisions. He will fight this decision, with his Department of Justice army of lawyers and cops, all paid for by us taxpayers. We gun owners must stay the course, which means getting involved. We need all hands on deck NOW supporting the NRA and CRPA at a minimum.

Stand by for Chuck Michel's analysis of this decision and what it means for our futures as gun owners.

Dr. Tim Wheeler

WEGC member since 1993
Founder and Director Emeritus
Doctors for Responsible Gun Ownership
A Project of the Second Amendment Foundation

Offline PedleyDan

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Huge win!! Send in your support to NRA-ILA  and other organizations that have been working on this.
We need to support this all the way!
Dan Shapiro
president@wegc.org

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ASSOCIATED PRESS HAS PICKED UP THE STORY ACROSS THE U.S.

FILE -- In this June 27, 2017 photo, a semi-automatic rifle is displayed with a 25 shot magazine, left, and a 10 shot magazine, right, at a gun store in Elk Grove, Calif. San Diego-based U.S. District Judge Roger Benitez declared, Friday March 29, 2019, unconstitutional the law banning possession of magazines containing more than 10 bullets. California law has prohibited buying or selling the magazines since 2000, but has allowed those who had them to keep them. RICH PEDRONCELLI, FILE AP PHOTO
SACRAMENTO, CALIF.
High-capacity gun magazines will remain legal in California under a ruling Friday by a federal judge who cited home invasions where a woman used the extra bullets in her weapon to kill an attacker while in two other cases women without additional ammunition ran out of bullets.


...........READ MORE......... https://bit.ly/2YxfRcN
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Chuck Michel -Overturning CA's Magazine Ban: Gun Talk Radio | 3.31.19
« Reply #5 on: March 31, 2019, 09:21:14 PM »
WHAT SHOULD WE EXPECT NEXT?  TUESDAY?????

Chuck Michel, "I try to explain a few things about the Duncan ruling but we will have more tomorrow after we hear from the state’s lawyers."
Starts about- 22:49

« Last Edit: March 31, 2019, 09:34:30 PM by < »
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Duncan v. Becerra Update on NRA and CRPA’s Opposition to CA request
« Reply #6 on: April 04, 2019, 03:30:28 PM »

Duncan v. Becerra Update on NRA and CRPA’s Opposition to California’s Request to Halt “Large-Capacity” Magazine Ruling

 

On Tuesday, April 2, CRPA, with the support of NRA, filed a comprehensive opposition to California’s request seeking an immediate stay of enforcement of Friday’s decision in the case of Duncan v. Becerra, which found California’s restrictions against so-called “large-capacity” magazines unconstitutional and unenforceable.  

This is the second opposition filed in response to California’s request for a stay.  As reported yesterday, DOJ filed a request seeking an immediate stay while the court considered an additional request to stay the judgment while the case gets appealed. 

The opposition illustrates how California has not shown a strong likelihood that it will succeed on the merits of its case, or that any of the other factors courts consider when deciding to issue a stay weigh in California’s favor.  Palmetto State Armory also provided evidence to counter California’s arguments requesting a stay. 

Stay Up-To-Date on the Latest Developments in Duncan v. Becerra 

At this time, the Court has yet to issuing a ruling on California’s request to stay the enforcement of its judgment pending appeal.  It is critical that California gun owners stay up-to-date on developments in Duncan to ensure they do not inadvertently violate California law should a stay be issued. 

You can also view a list of commonly asked questions with answers regarding the ruling in Duncan at HERE

Continue to check your inbox and the California Stand and Fight webpage for updates on this issue and other issues impacting your Second Amendment rights and hunting heritage in California. 

 

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Offline NRA-support

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On Tuesday, April 2, NRA and CRPA filed an opposition to California’s request seeking an immediate stay of enforcement of Friday’s decision in the case of Duncan v. Becerra, which found California’s restrictions against so-called “large-capacity” magazines unconstitutional and unenforceable.  The decision by the United States District Court for the Southern District of California is a tremendous victory for gun owners in California, striking down California’s restrictions against the manufacture, importation, sale, transfer, receipt, and possession of magazines capable of holding more than 10 rounds, most of which have been in place for nearly two-decades.

Unsurprisingly, DOJ filed a request for a stay of judgment Monday afternoon.  As noted in DOJ’s motion: 

To effectively preserve the status quo, and to prevent a sudden influx of large capacity magazines (LCMs) into the State of California (the “State”), Defendant respectfully requests that the Court issue an immediate, temporary stay pending its ruling on the application for a stay pending appeal. Even if this Court, or the Ninth Circuit, ultimately issues a stay pending appeal, the State will suffer irreparable injury if LCMs are permitted to flow into the State in the interim. Defendant respectfully requests that such a temporary stay be issued by no later than April 2, 2019. 

In sum, DOJ is asking the court to immediately stay the injunction as early as today while the court considers arguments from all the parties and decides whether to permanently stay the injunction pending the appeal.  But, as the NRA and CRPA attorneys note in their brief to the court, any stay of enforcement, if granted, would jeopardize the hundreds—if not thousands—of California gun owners who have already relied upon the Court’s ruling in good faith and have purchased magazines capable of holding more than 10 rounds. 

DOJ has also asked the court to make a decision on whether to stay the judgment until an appellate court rules—which could take well over a year—by April 5, 2019

It is critical that California gun owners stay up-to-date on the developments in Duncan to ensure they do not inadvertently violate California law should a stay be issued. To that end, be sure to visit NRA-ILA’s website to sign up for email alerts. 

In the meantime, NRA and CRPA have prepared the following list of commonly asked questions with answers to assist gun owners in understanding what the decision means and how this latest development affects them. 

 

1. WHAT DOES THE MARCH 29, 2019, RULING DO? 

It puts in place an injunction (an order to refrain from performing a certain act) prohibiting enforcement of California Penal Code section 32310, which criminalizes the manufacture, importation, transfer (including giving and loaning), acquisition, and possession of a “large capacity magazine” (“LCM”), defined as an ammunition feeding device capable of accepting more than 10 rounds of ammunition.

2. HAS THE RULING TAKEN EFFECT? 

Yes; under FRCP Rule 62(c)(1), the injunction prohibiting enforcement of the LCM restrictions ordered by the court took effect the minute it was issued on March 29, 2019.

3. DOES THE RULING MEAN I CAN NOW ACQUIRE NEW MAGAZINES CAPABLE OF HOLDINGMORE THAN 10 ROUNDS IN CALIFORNIA? 

The short answer is yes. However, there are potential risks to consider before attempting to make any purchase. For example, should an individual order “large capacity” magazines from an online distributor, and during the shipping process a subsequent order from a court stays the enforcement of the injunction, subdivision (a) of Penal Code section 32310 will once again be in effect—including the restriction against “receiving” any “large-capacity” magazine. Meaning the delivery of an order after the injunction has been stayed will arguably be in violation of subdivision (a) of Penal Code section 32310.

4. DOES THE RULING MEAN I CAN KEEP MMAGAZINES CAPABLE OF HOLDING MORE THAN 10 ROUNDS? 

As of the date of this writing the answer is: yes. The restriction on possessing an LCM has been unenforceable since June 29, 2017, when this same court issued a preliminary injunction preventing it from taking effect while the parties litigated the merits of the case. And because CA DOJ is seeking a stay only as to the provisions allowing for acquisition of new LCMs, the injunction against the possession restriction should remain in effect for the time being. That said, people should stay tuned to CRPA and NRA alerts to be updated of any changes.

5. DOES THE RULING MEAN I CAN USE MMAGAZINES CAPABLE OF HOLDING MORE THAN 10 ROUNDS AA SHOOTING RANGE? 

Because of the preliminary injunction already in place prior to this ruling, there was no restriction on “possessing” a lawfully acquired LCM and thus no restriction on using one. As long as the injunction on the possession restriction remains in place, LCMS can be lawfully used.

BEWARE: The ruling does NOT mean you can use an LCM in a semiautomatic, centerfire rifle with a “fixed magazine,” e.g., an AR-platform rifle with a device affixed to only allow removal of the magazine when the upper is separated from the lower, or similar device, that is designed to avoid “assault weapon” designation.

6. WHAT ARE THE PENALTIES FOR VIOLATING PENAL CODE SECTION 32310? 

Should the injunction be stayed, any person who “manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives” any “large-capacity” magazine can be charged with either a misdemeanor or felony punishable with imprisonment. Should the preliminary injunction against the “possession” restriction be stayed, any person who possesses a “large-capacity” magazine

can be charged with an infraction punishable as a fine of up to $100 per magazine, or a misdemeanor punishable by a fine up to $100 per magazine, imprisonment, or both.

7. WHERE CAN I VIEW A COPY OF THE COURTDECISION? 

A copy of the order granting the permanent injunction can be viewed here.  

8. WHO IS RESPONSIBLE FOR LITIGATING THE CASE? 

The California Rifle & Pistol Association, with support from the National Rifle Association, filed this lawsuit after hearing the fear and outrage from its members who were being forced by the passage of Proposition 63 and Senate Bill 1446 in 2016 to either surrender their “large-capacity” magazines to the government or become criminals.

Continue to check your inbox and the California Stand and Fight webpage for updates on this issue and other issues impacting your Second Amendment rights and hunting heritage in California. 

« Last Edit: April 04, 2019, 04:08:43 PM by < »

Offline CRPA

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The California ban on gun magazines that hold more than 10 rounds has been overturned by the court.  Rick Travis from CRPA is here to tell us what that means for Californians and what comes next

California Rifle & Pistol Association:  https://crpa.org/
« Last Edit: April 04, 2019, 05:03:49 PM by < »
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Offline CRPA

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« Last Edit: April 04, 2019, 06:00:44 PM by < »
Supporting the Second Amendment and shooting sports since 1875. Every dollar CRPA receives stays in California to fight for your Second Amendment and hunting rights. Fighting on the FRONT LINES in California - GET INVOLVED, JOIN or RENEW TODAY

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California: Federal Court Stays “Large-Capacity” Magazine Ruling Effective Friday @ 5:00PM

Today, Federal District Court Roger T. Benitez issued an order staying enforcement of the judgment in the NRA and CRPA supported case of Duncan v. Becerra.  Last Friday, Judge Benitez issued a tremendous victory for gun owners, striking down California’s restrictions against the manufacture, importation, sale, transfer, receipt, and possession of magazines capable of holding more than 10 rounds. 

Today’s ruling stays enforcement of the injunction as applied to the restrictions against the manufacture, importation, sale, transfer, and receipt of so-called “large-capacity” magazines, as of 5:00PM TOMORROW, April 5, 2019.  In other words, those restrictions will once again be enforceable after that time.  But the ruling also clarifies that the injunction against those restrictions will remain in effect “for those persons and business entities who have manufactured, imported, sold, or bought magazines able to hold more than 10 rounds between the entry of this Court’s injunction on March 29, 2019 and 5:00 p.m., Friday, April 5, 2019.” 

Additionally, the ruling also makes clear that the preliminary injunction issued in July 2017, which prohibited the enforcement of the “possession” restriction enacted by Proposition 63 and Senate Bill 1446 will remain in effect during the appeal.  In other words, California residents who lawfully possess magazines capable of holding more than 10 rounds may continue to possess them while the case is appealed.

Continue to check your inbox and the California Stand and Fight webpage for updates on this important issue and other issues impacting your Second Amendment rights and hunting heritage in California. 

 

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UPDATE ON CALIFORNIA MAGAZINE BAN!!!!
« Reply #11 on: April 05, 2019, 01:05:33 PM »
update April5th


This is a quick update on the stay issued by judge Roger T. Benitez in the California magazine ban case.  The stay takes effect today at 5:00PM.  Before that time, you can buy mags that hold more than ten rounds.  After that time, you can't.  Please watch this.  It may help you stay out of the jail house.

Text of the stay issued by Judge Benitez: http://michellawyers.com/wp-content/u...

CRPA Announcement regarding the stay:  https://crpa.org/news/litigation/crpa...
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More articles on the Magazine-ban STAY
« Reply #12 on: April 08, 2019, 04:57:24 PM »
 

*Making Standard Magazines Great Again In California … For Now | NSSF

Read this opinion piece by NSSF’s Larry Keane.

*Californians Flood Gun Stores When Magazine Ban Is Lifted For One Week | The Federalist

No other constitutional right has been manhandled like the Second Amendment.

*Magpul Begins Shipping All Magazines to California Customers | Free Beacon

AG Becerra requests stay on court ruling striking down magazine confiscation scheme.

*California's Gun Rush: Buying Frenzy ! Newsweek 

For high-capacity magazines after judge lifts 'unconstitutional' law.

*Standing Up To The Incremental Erosion Of Our Rights | Daily Breeze

It’s happening on almost 3very issue – the biggest is guns.

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What is next?: Magazine ban court case
« Reply #13 on: April 09, 2019, 01:14:26 AM »
https://www.calguns.net/calgunforum/showthread.php?t=1335810&page=43

   Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows:
Mediation Questionnaire due on 04/11/2019.
Transcript ordered by 05/06/2019.
Transcript due 06/03/2019.
Appellant Xavier Becerra opening brief due 07/15/2019.
Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio and Christopher Waddell answering brief due 08/15/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11253683] (RT) [Entered: 04/04/2019 04:29 PM]

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