Other State California's Mag Ban Ruled Unconstitutional

[Flymph]

No! This is strictly about ownership of magazines. "Assault Weapon" laws are a whole 'nother animal. Don't tell your friends in CA to stuff 30 rounders in their fixed mag rifles, they would be violating AW laws.

I guess I don't understand their logic is all...

 

[L84Cabo]

Reading the section below is amazing. I didn't really think that anyone in power took the events from over 200 years ago that serious anymore. When ever you attempt to use that type of reasoning in a conversation with the anti's, or fence sitters, you get that "look", like ancient history isn't that relevant in these times.

Irony

Perhaps the irony of § 32310 escapes notice. The reason for the adoption of the Second Amendment was to protect the citizens of the new nation from the power of an oppressive state. The anti-federalists were worried about the risk of oppression by a standing army. The colonies had witnessed the standing army of England marching through Lexington to Concord, Massachusetts, on a mission to seize the arms and gunpowder of the militia and the Minutemen—an attack that ignited the Revolutionary war. With Colonists still hurting from the wounds of war, the Second Amendment guaranteed the rights of new American citizens to protect themselves from oppressors foreign and domestic. So, now it is ironic that the State whittles away at the right of its citizens to defend themselves from the possible oppression of their State.

Sure is sweet.

The judge LITERALLY titled the section "IRONY"...in an official opinion! That is a man with a sense of humor, for sure.

 

[GWS]

I guess I don't understand their logic is all...

That's where you made your mistake.
Looking for LOGIC in California gun control laws is a waste of time. Look for Feelings.

 

[L84Cabo]

That's where you made your mistake.
Looking for LOGIC in California gun control laws is a waste of time. Look for Feelings.

Seriously. The logic here is simply the slow and incremental whittling away of the right until there is absolutely nothing left. First you implement capacity restrictions with grandfathering. Then after awhile you confiscate the grandfather mags. Then after a little more time you reduce the capacity from 10 rounds to 6. And once you're at 6 there's really no reason to have semi autos anymore so it's revolvers only.

California's new governor, Gavin Newsome, makes former CA Gov Jerry "Moonbeam" Brown actually look conservative. And Newsome has super majority in both houses. He likely thought he had/has clear sailing to do whatever he wants. They literally came at this thing with a couple unsubstantiated surveys and some data from Mother Jones. Mother FREAKING Jones? A source that is dubious at best.

Think about that. Not police reports. Not FBI crime data. Not peer reviewed credible sources. MOTHER JONES! That's what they were using to try and deny a constitutionally protected right.

That should tell you how little regard they have for the Constitution and citizens rights.

 

[GWS]

California's new governor, Gavin Newsome, makes former CA Gov Jerry "Moonbeam" Brown actually look conservative. And Newsome has super majority in both houses. He likely thought he had/has clear sailing to do whatever he wants. They literally came at this thing with a couple unsubstantiated surveys and some data from Mother Jones. Mother FREAKING Jones? A source that is dubious at best.

Think about that. Not police reports. Not FBI crime data. Not peer reviewed credible sources. MOTHER JONES! That's what they were using to try and deny a constitutionally protected right.

That should tell you how little regard they have for the Constitution and citizens rights.

So true.But Judge Benitez' ruling is a real pecker-slap to Newsome et al. I am extremely interested in what steps they are planning, because Judge Benitez' ruling is rock solid. Right now all Becerra can do is say "But, but, but..."
However, they will take a another swing. And they will have to do a lot better than "Mother Jones says"

 

[L84Cabo]

So true.But Judge Benitez' ruling is a real pecker-slap to Newsome et al. I am extremely interested in what steps they are planning, because Judge Benitez' ruling is rock solid. Right now all Becerra can do is say "But, but, but..."
However, they will take a another swing. And they will have to do a lot better than "Mother Jones says"

Do not underestimate the corruption of the 9th. Their decision doesn't have to make sense. If they want to overturn this, they will invent something if they have to.

They may, however, not want to take the chance. Judge Benitez's decision is well argued. If they believe this would pass muster with SCOTUS, they may not push it. Right now the decision only applies in the 9th. A SCOTUS decision would apply to the whole country and would be much worse.

It will be interesting to see what they do.

 

[awshoot]

... Moreover, I don't believe that his releasing of this decision, late in the afternoon on a Friday, is a coincidence. Monday is also a state holiday in California...it's Cesar Chavez day. And there's a good chance that the courts will be closed until Tuesday (I'm still trying to figure that out). ...

It appears the 9th Circuit is open on April 1, 2019: 2018 Federal Holidays

 

[L84Cabo]

It appears the 9th Circuit is open on April 1, 2019: 2018 Federal Holidays

No respect for Cesar Chavez I guess.

 

[GWS]

Do not underestimate the corruption of the 9th. Their decision doesn't have to make sense. If they want to overturn this, they will invent something if they have to.

They may, however, not want to take the chance. Judge Benitez's decision is well argued. If they believe this would pass muster with SCOTUS, they may not push it. Right now the decision only applies in the 9th. A SCOTUS decision would apply to the whole country and would be much worse.

It will be interesting to see what they do.

Oh I'm fully aware of 9th Circuit hijinx, so I doubt they would care about it going to SCOTUS. After all, the 9th has the most overturned decisions of all the circuits. But I am an optimist at heart and therefore, i hope that maybe, just maybe they won't overturn it.

 

[Ralgha]

They might care about it going to the Supremes because if they lost there, it would nullify all magazine restrictions across the country. California has nothing to lose, but there might be pressure from the rest of the antis in the country to suck it up and cut their losses to avoid the risk of losing the whole country.

 

[oli700]

 

[Member 5605]

Is this because of the detatchable part or on the limit of 10 rounds as a whole?

Hopefully this will continue in our favor, and finally prove in our favor before the supreme court.

See my post early on:
Other State - California's Mag Ban Ruled Unconstitutional

Them being regarded as "Arms" not not separate from firearms therefore keeping the same protections as firearms under the 2nd. "The right to keep and bear arms...."

 

[tkdguy]

I just sent this off to every Oregon legislator I could find an email address for:

"Before you sign off on any new confiscatory or overreaching legislation regarding "large capacity" magazines, or firearms in general you might want to read this federal court decision handed down yesterday which declares unconstitutional California's ban on "high capacity" magazines and negates it in its entirety. The very scholarly and detailed analysis of citizens' rights under the Second Amendment is likely to set the precedent for any new legislation you might pass. The court took a dim view of arbitrary and unsupported limitations on citizens' rights, and on jurisdictions that base legislation on popular but questionable research. You just might be wasting your time crafting such legislation.

http://michellawyers.com/wp-content...12fQ-TqLJPWXleE7ieEOj6P2hguw6ohYp3SXJB1hR_ASo"

I did the same estimating 30-40 Senators and Representatives, their SB 978 Committee Counsel and their aids. But, I just wonder if they will go the route of doing the legislation and waiting to see what legal challenge occurs in the courts. Just to spite and irritate the pro-gun constitution advocates.

 

[tkdguy]

Great message board discussion on this subject: Federal Judge: California's 'High-Capacity' Magazine Ban Unconstitutional

Still I do not find my posting on the ban posting over on FB on Oregon Firearms Advocates.

 

[tkdguy]

Please do not forget to correspond on these gun issues with [email protected]. He is a chairperson of a gun law review committee. He is a republican and from k-falls. Thanks.

 

[Pandaz3]

Gun Mag Warehouse advertised this and now their server is over capacity!

 

[Diamondback]

I feel sorry for the poor folks who take the bait and then get popped by Gun Mag SCAMhouse later after being blinded by the joy of their for-the-moment liberation...

 

[awshoot]

Hey, could someone with a twitter account go give PNWDeplorable some likes and/or retweets? That's pretty epic! lol

 

[Pandaz3]

Unable to Tweet, I can whistle a little bit, but words don't come out. Sorry

 

[nwslopoke]

Just waiting for California to post judge Benitez's high school year book. Liberals don't like to take big "L" loses. As mentioned, since they can't argue facts they have to argue feelings.

Hopefully the California gun culture will dig up it's backbone that got buried somewhere in the 80s and start to really push back. Maybe enough will see how unnecessarily screwed they've been for decades.