Other State What is status of the California magazine law thats being challenged in court?

[shibbershabber]

I know a while back the judge allowed magazine sales based on his ruling and sales were stopped based on an appeal or something........

Long story short, I sold some mags on Gunbroker and this dickhead in CA bought them.... just need to know the legality of shipping them or if I need to tell this guy to pound sand...


Looking online I havent seen any stories or updates on the case since that buying frenzy back in April.


Anyone know whats up?

Read More

 

[CountryGent]

I found this from July: Attorney General Becerra Continues Fight in Duncan v. Becerra, Defending California's Law that Bans the Acquisition and Possession of Large-Capacity Magazines

 

[Stomper]

I know a while back the judge allowed magazine sales based on his ruling and sales were stopped based on an appeal or something........

Long story short, I sold some mags on Gunbroker and this dickhead in CA bought them.... just need to know the legality of shipping them or if I need to tell this guy to pound sand...


Looking online I havent seen any stories or updates on the case since that buying frenzy back in April.


Anyone know whats up?

Just send them if he paid for them. It's on him not to violate his state and local laws.

 

[shibbershabber]

I guess it comes down to this...

Am I in legal trouble for selling them, or is he in trouble for possessing them

 

[HB of CJ]

Extreme outcome? Assisting a criminal act? Dunno. Just me.

Respectfully.

 

[User 1234]

There are conflicting appellate decisions on this, Hageseth and Duncan, and the one that dismissed the criminal charges against the out-of-state defendant is unpublished, meaning it cannot be cited as precedent. So yes, California does prosecute people who never set foot in California for crimes including practicing medicine in California without a license (Hageseth). While federal judges might eventually reverse the conviction that does not prevent the process from bankrupting you and making it very hard to erase the damage. I do not ship anything to California that is illegal under California law.

 

[User 1234]

Online Gun Sellers Settle Lawsuit Over Large-Capacity Magazines In California

Five online gun equipment suppliers have agreed to stop selling or advertising large-capacity firearm magazines or magazine repair kits to California customers in a settlement of a lawsuit filed by the San Francisco City Attorney's Office.

sanfrancisco.cbslocal.com

 

[cigars]

I'm sick of the idiots in California. Who wants to rent a C-130 and air drop plastic grocery bags and plastic straws over their major cities?

 

[BSG 75]

I know a while back the judge allowed magazine sales based on his ruling and sales were stopped based on an appeal or something........

Long story short, I sold some mags on Gunbroker and this dickhead in CA bought them.... just need to know the legality of shipping them or if I need to tell this guy to pound sand...


Looking online I havent seen any stories or updates on the case since that buying frenzy back in April.


Anyone know whats up?

It is illegal for him to import "large capacity" magazines into California at this time. He should have known that, or he is counting on you not knowing that so you'll sell them to him. I wouldn't sell them to him.

This is why many Gunbroker.com sellers say NO SALES TO CALIFORNIA even for things that are legal in California. Too many guys in California don't know the laws and order things they can't legally have. If it is a firearm the California FFL can't complete the transaction and then start the hassles with shipping the firearm back, fees, refunds, etc.

 

[CountryGent]

This is why many Gunbroker.com sellers say NO SALES TO CALIFORNIA even for things that are legal in California. Too many guys in California don't know the laws and order things they can't legally have. If it is a firearm the California FFL can't complete the transaction and then start the hassles with shipping the firearm back, fees, refunds, etc.

I've starting doing that myself because I can't keep up with all the BS laws down there. I'd rather not, frankly, but it is what it is. When the ATF Investigator was out at my office last year he said it is a major headache for all involved if someone ships an item to an FFL from state A to state B and it is illegal in state B.

 

[v0lcom13sn0w]

I'm sick of the idiots in California. Who wants to rent a C-130 and air drop plastic grocery bags and plastic straws over their major cities?

i swear very little people in salem comply with the plastic straw law. what a DUMB law

 

[Hawaiian]

As politically aggressive as CA prosecutors are, and considering their rhetoric about internet sales, I would not chance it. Simply not worth taking a chance. You will sleep better if you pass on it.

 

[BSG 75]

I'm sick of the idiots in California. Who wants to rent a C-130 and air drop plastic grocery bags and plastic straws over their major cities?

i swear very little people in salem comply with the plastic straw law. what a DUMB law

I recently ordered and received these: red PLASTIC straws with guess who's name on them.



Proceeds go to the re-election campaign.

Trump Straws - Pack of 10

Liberal paper straws don’t work. STAND WITH PRESIDENT TRUMP and buy your pack of recyclable straws today. Please allow 12-14 business days. BPA free Reusable & Recyclable 9" long Pack of 10 identical straws as shown Laser engraved Made in USA

shop.donaldjtrump.com

 

[cigars]

Just ordered a set of the straws. $20.33 with shipping. Bigly awesome!

 

[Camelfilter]

Take them down & ship as parts?

Likely to be "legal" would have had to purchased, and shipped, in 2 separate transactions.

ie , mag shells in 1 transaction.

Springs, followers & bases in another.

Personally? I would not sell to the bubblegum. Opens YOU, the seller, up to too many possibilities of interstate commerce bubblegum. Not worth the risk.

I would imagine that even if you did not specify states you wouldn't sell to, the website has a blanket policy regarding all such...

 

[User 1234]

California also bans large capacity magazine kits, because people were selling disassembled mags. Like we always told the young troops when we caught them trying to get away with chit: "You didn't invent these shenanigans, we've seen these tricks for years."

 

[Member 5605]

Your best bet is to avoid the grey line and cancel due to "illegal to ship".

 

[Diamondback]

Frankly, I wouldn't sell ANYTHING to Californians just so CA DOJ can't try to say they have a reason to get their hooks into me. Not even surplus paperclips.

#BetterSafeThanSorry

 

[GWS]

I guess it comes down to this...

Am I in legal trouble for selling them, or is he in trouble for possessing them

He is asking you to break the law in California
It is illegal to import magazines with a capacity greater than 10 rounds into California. It may not jam you up but
Why risk it?

 

[hellsyphon]

I wouldn't do it. I remember awhile ago, the city of San Francisco sued a few companies out of state for selling magazine parts as "repair kits" and won on a couple of them. Last time I checked, the decision has been stayed until it can be reviewed at a later time. It's not worth the risk, they can always go for a road trip if they really wanted it that badly.