Cali 10 round mag ban, 2A win, even with the NRA

[gun_slinger_boy]

Shows precidnce though right?

Also shows a split in the courts

Yeah so there are 3 things that can happen now.

1. CA leaves it be and they have no magazine restrictions for the foreseeable future (very unlikely)

2. CA appeals it and it works it's way up to the supreme court where it's ruled upon (most likely)

3. Other states can use this precedent to argue their case at the federal level (moderately likely)

Whatever happens I would say the only one that would be quick is the appeal by CA. I even think there would be a quick decision (not on our sides favor). Everything else would take years and years and years effectively making magazines permanently banned again. That's the problem we run across with 2A issues. It takes so long for anything meaningful (in our favor) to ever be done.

 

[Saltwater60]

Now to bring it to nys.

 

[Patriot]

Judge blocks California's ban on high-capacity magazines over 2nd Amendment concerns

 

[Edwardteach72]

Now to bring it to nys.

Hahahahaha that's cute

 

[Edwardteach72]

Yeah so there are 3 things that can happen now.

1. CA leaves it be and they have no magazine restrictions for the foreseeable future (very unlikely)

2. CA appeals it and it works it's way up to the supreme court where it's ruled upon (most likely)

3. Other states can use this precedent to argue their case at the federal level (moderately likely)

Whatever happens I would say the only one that would be quick is the appeal by CA. I even think there would be a quick decision (not on our sides favor). Everything else would take years and years and years effectively making magazines permanently banned again. That's the problem we run across with 2A issues. It takes so long for anything meaningful (in our favor) to ever be done.

I see number 2 being the most likely but slightly different.

They appeal the decision and but the supreme court doesnt take the case up

 

[Edwardteach72]

The other down side to this is, I do believe Californias long standing ban on new 10 round magazine's (something like the last 10 years) is still standing.

Sounds like this case only stopped the new law that was aimed to get rid of all the mags that were grandfathered into the state

 

[E the massive]

Yeah baby!!! We got this!!!

 

[gun_slinger_boy]

The other down side to this is, I do believe Californias long standing ban on new 10 round magazine's (something like the last 10 years) is still standing.

Sounds like this case only stopped the new law that was aimed to get rid of all the mags that were grandfathered into the state

"We're still digesting the opinion but it appears to us that he struck down both the latest ban on possessing by those who are grandfathered in, but also said that everyone has a right to acquire one," Michel said.

It sounds to me like all or nothing. And, if something is ruled unconstitutional it's blanket. As in it goes against the constitution. It would be like saying owning more than 10 slaves is unconstitutional but only if you bought them after 2000.

 

[Edwardteach72]

"We're still digesting the opinion but it appears to us that he struck down both the latest ban on possessing by those who are grandfathered in, but also said that everyone has a right to acquire one," Michel said.

It sounds to me like all or nothing. And, if something is ruled unconstitutional it's blanket. As in it goes against the constitution. It would be like saying owning more than 10 slaves is unconstitutional but only if you bought them after 2000.

Fair enough, my quick glance on it just seemed like the judge blocked the new law from going into effect. Thus the old law is still good but stopping the newest ban on magazines

 

[prambo]

I hope there's life after death, and that some people can communicate to the dead that are "on the other side".

Then someone here can tell me how we were fucked over by SCROTUM....again......

I'm almost 72 and don't plan on bouncing from this mortal coil anytime soon.

 

[ProgSpear]

IANAL, but I thought this was a very well written ruling, logically laid out and quite detailed in providing legal background to the points made. I would like to hear the opinions of people in the legal biz however. @RBean ? @Jim Ostrowski ?

 

[HEX]

Can the threads be combined?

Triple thread merge

You guys need to let us know about this stuff with the report function. It doesn't do any good to just post this in one thread without at least tagging one of us (but the Report function is better for getting our attention to something)

 

[Acer-m14]

 

[Deplorable Me]

Andy can kiss my ass.

 

[RooftopKorean]

Yeah so there are 3 things that can happen now.

1. CA leaves it be and they have no magazine restrictions for the foreseeable future (very unlikely)

2. CA appeals it and it works it's way up to the supreme court where it's ruled upon (most likely)

3. Other states can use this precedent to argue their case at the federal level (moderately likely)

If either 2 or 3 happens there is a good chance it can be overturned in NYS as well... patience. We have already been living with this bogus infringement of the 2A, things can only improve with this precedent.

 

[Edwardteach72]

Just got this e-mail from the mag shack

 

[Karpteach]

Californians are already buying 10+ round mags online. It’s crazy I saw on a Sig site that guys were buying 13-20 round mags for their P-series pistols.

 

[Edwardteach72]

Its going to be interesting if the 9th circuit takes this up (we all know cali is going to appeal)

 

[Camaro45th]

So what do we have to do to get this changed over here!?! I have a couple magazines that want to be unpinned!

 

[Edwardteach72]

So what do we have to do to get this changed over here!?! I have a couple magazines that want to be unpinned!

Right now, nothing.. 2nd circuit has already ruled that magazine limits (10 rounds) are constitutional.

We are shit out of luck unless the 9th circuit upholds this California ruling thus creating a split in the cou35s and then the SCOTUS MAY hear the case and clarify, but they historically havent done that and just keep the split.

Or the 9th circuit can overturn the California ruling (which they are almost positively going to do) and then the only option is another appeal to SCOTUS who most likely wont take the case because its in line with other circuit rulings

 

[Camaro45th]

Right now, nothing.. 2nd circuit has already ruled that magazine limits (10 rounds) are constitutional.

We are shit out of luck unless the 9th circuit upholds this California ruling thus creating a split in the cou35s and then the SCOTUS MAY hear the case and clarify, but they historically havent done that and just keep the split.

Or the 9th circuit can overturn the California ruling (which they are almost positively going to do) and then the only option is another appeal to SCOTUS who most likely wont take the case because its in line with other circuit rulings

So what your saying is......stay positive? [emoji16]

 

[Edwardteach72]

So what your saying is......stay positive? [emoji16]

A win is a win

 

[Darth]

“The cancer is spreading.”

 

[Defilade]

Fuckers! use the right wording! STANDARD CAPACITY!! 10 rounders should be called LOW CAPACITY!

 

[ProgSpear]

Federal Judges Ripped California For 'Turning The Constitution Upside Down' To Enact Magazine Ban
Federal Judges Ripped California For 'Turning The Constitution Upside Down' To Enact Magazine Ban

 

[Shadow2]

I don't think the gun grabbers are confident they will win in supreme court. They may not push it that far and leave it a state win to avoid a national one.

 

[Edwardteach72]

I don't think the gun grabbers are confident they will win in supreme court. They may not push it that far and leave it a state win to avoid a national one.

I think they will push it to the 9th circuit because they are more than likely to win there.


If, and it's a strong if, they lose the 9th then I agree with you and think they will keep their L (like Washington DC did with the shall issue carry permits) vs risking an L at the SCOTUS which would then be law of the land country wide vs just the states under the 9th circuit

 

[Shadow2]

A win there is no guarantee and sets the stage for National but they may pull the 3 court panel the the full panel bullshit to keep it in limbo as long as possible.

I think they will push it to the 9th circuit because they are more than likely to win there.


If, and it's a strong if, they lose the 9th then I agree with you and think they will keep their L (like Washington DC did with the shall issue carry permits) vs risking an L at the SCOTUS which would then be law of the land country wide vs just the states under the 9th circuit

 

[nortatoga]

 

[BDinPutnam]

Bear in mind the possibility that it winds up at the Supreme Court and the ban is upheld.

That would set a national precedent for restricted magazine laws in any state that wants to enact them.