Other State California's Mag Ban Ruled Unconstitutional

[DivCurlGrad72]

It's pretty comical. You can just hear the sarcasm in Judges Benitez writing when he chastises them for using Mother Jones as a source instead of credible sources police reports or FBI crime data.

Who the hell names their magazine "Mother Jones"?

 

[tkdguy]

I think Mother Jones' hails back to the acid/drug and hippie era and the pub was a counter establishment publication.

 

[awshoot]

Mary Harris Jones, aka "Mother Jones" was a real person who is likely spinning in her grave over the fact that a anti gunner rag like that currently bears her name. Mary Harris Jones - Wikipedia

 

[arakboss]

I just received an email from Combat Armory. This outfit either knows something we don't or they're going to be in hot water:
We are happy to report we are now shipping 30 round mags to California!
$11.99 with Free Shipping

 

[Pandaz3]

I just received an email from Combat Armory. This outfit either knows something we don't or they're going to be in hot water:
We are happy to report we are now shipping 30 round mags to California!
$11.99 with Free Shipping

I think they are late out of the gate.

Of course that then begs the question as to what can or will California do to a out of state company with regard to California law. I know they could sue

 

[arakboss]

I think they are late out of the gate.

If they do ship product they or the buyer could be in for some trouble.

 

[Pandaz3]

It is mildly interesting, but not as interesting as the Oregon legislature to me.

 

[The Heretic]

For one week, high-capacity ammunition magazines were legal in California. Hundreds of thousands may have been sold

 

[ARFrog]

Funny standard magazine story...I almost did not go to the range today because it was cloudy, could not decide if it wanted to rain and was windy. But I went anyway because I had another new rifle that I had purchased which I wanted to sight in. After working with the other rifle, I then decided to shoot my dedicated AR-22.

I am a grown Californian who has never shot a standard capacity magazine before in my life. But today that changed when I took a recently purchased 25 round S&W M&P 15-22 "freedom" magazine, inserted it in the mag well and low and behold, believe it or not, the clouds parted and the sun came out and stayed out! LOL

I did learn a very important lesson after shooting 409 rounds down range...using a standard 25 round S&W M&P 15-22 magazine with a McFadden Machine Lightnin' Grip Loader allows for 2.5 times more shooting fun with a lot less time spent doing loading drudge work!

...oh yeah, there is also that thing about 2A freedom too.

 

[tkdguy]

What is the status on the ban? Up for appeal at the 9th?

 

[arakboss]

What is the status on the ban? Up for appeal at the 9th?

Yep it will be some time before they get to it, is my guess.

 

[ARFrog]

What is the status on the ban? Up for appeal at the 9th?

The following thread should answer your question:

Time frame for Ninth Circuit to act on magazine ban - Calguns.net

 

[Dozer99]

So here is what people are learning. There are no "mail cops". The post office does not care if you ordered magazines and have them shipped to your house (not a federal crime). No one sorts through your packages to look for magazines!

Lots of internet companies are still shipping Mags out to customers who are buying. Most local Sheriff's don't care nor do they have the man power to even do anything about it anyway (City cops are a different story).

California is a State of unenforceable laws that will only get worse as time goes by!

 

[ARFrog]

So here is what people are learning. There are no "mail cops". The post office does not care if you ordered magazines and have them shipped to your house (not a federal crime). No one sorts through your packages to look for magazines!

Lots of internet companies are still shipping Mags out to customers who are buying. Most local Sheriff's don't care nor do they have the man power to even do anything about it anyway (City cops are a different story).

California is a State of unenforceable laws that will only get worse as time goes by!

I want to say that I fully agree with you but I can't quite get there because:

- there are no "mail cops" because in this instance a smart US District Court Judge issued a stay that cunningly allowed standard magazines legally purchased between 03/29/2019 until 5PM on 04/05/2019 to be owned and therefore shipped. Therefore mail cops aren't needed for legally obtained standard magazines obtained during this period.

- standard magazines may not be federally prohibited but here we are dealing with a suit against the State of California and their over reach.

- lots of vendors are shipping magazines legally purchased during the previously mentioned period. There has been no reported instances that I have seen of vendors selling/importing standard magazines after the stay was lifted.

- most law enforcement does not have the man power for pursuing magazine related offenses. However, the California DOJ is reportedly using budget and DROS fees for certain intradictions. Given that the legislature is wanting to raise DROS fees one can only guess how increased departmental budgets/surpluses may be used against the gun owning public.

- yes, California gun laws are most likely to get worse. We can only hope that suits like this one for the magazine ban, or the one for the ammo restrictions, or the Young case from Hawaii, etc will help to beat back the anti 2A wave.

Now before there is any more emoting of California bias, perhaps It would be better to learn from each other since things aren't looking much better in the Oregon and Washingington state houses...or am I just emoting my own bias?????

 

[The Heretic]

Interestingly at least one mainstream media article noted that people buy mags when out of state and since mags don't have serial numbers the law - which apparently grandfathers existing mags (?) - is unenforceable. So the only way someone could get in trouble for possession of a "high capacity" mag is if the state could otherwise prove that some other feature of the mag was not made before the law went into effect? Or the state could prove the person bought the mag out of state after the law went into effect?

It seems this would encourage a lot of non-compliance.

 

[Dozer99]

ARfrog,

emoting? Sorry but I must be too old to know what that is. I also was not trying to cause strife, yet only point out that since 03/29/2019 the flood gates are open and there is no way to put all the water back behind the dam. (Magazines that is).

 

[ARFrog]

Interestingly at least one mainstream media article noted that people buy mags when out of state and since mags don't have serial numbers the law - which apparently grandfathers existing mags (?) - is unenforceable. So the only way someone could get in trouble for possession of a "high capacity" mag is if the state could otherwise prove that some other feature of the mag was not made before the law went into effect? Or the state could prove the person bought the mag out of state after the law went into effect?

It seems this would encourage a lot of non-compliance.

The previous law that went into effect in 2000 allowed for grandfathered standard capacity mags. The current laws sought to do away with all mags over 10 rounds and it is the one being litigated against.

Some people have always ignored the old ban. Maybe it depends on where they shoot or how risk adverse they are given that possession was a misdemeanor and the mags could be confiscated as a nuisance.

The current "freedom week" purchases do make things more difficult for the Anti-2As. Now it is up to them to prove you did not properly possess that old model Pmag or new model VP9 standard capacity magazines, for example.

The problem as I see it is that there are other laws on the books or new ones coming up that further wish to reign in lawful gun owners:

- if you own standard capacity mags you can't take them out of state and then bring them back. (What else do I own that I can't legally take where and when I want?)

- changing current misdemeanors to felonies

- new or increased fees

- adding more and more instances, like some red flag laws, that disqualify legal ownership

- adding more laws that become "tac-on" charges to increase the pressure for other offenses

- changing storage requirements

- possible increases in state line inspections - ya got any fruit or mags?

- etc.......

At what point does the populace go from "I am doing the best I can to be a law abiding citizen" to "random acts of non-compliance" to " I WILL
NOT COMPLY!" ?????????

 

[tkdguy]

Has prohibition ever worked?

 

[User 1234]

Prohibition has worked wonders to eliminate drug addiction in the US.

 

[FireArm]

Prohibition has worked wonders to eliminate drug addiction in the US.

Ya just look at King county, 3 grams of heroin or meth or crack is not an arrestable offense... That's how you win a war on drugs just allow a small amount on everyone! FAILED!!!!