- Thread Starter
- #21
YesThe Court's stay order is worth reading and at only 6 pages a pretty easy one: https://michellawyers.com/wp-conten...r-Staying-in-Part-Judgment-Pending-Appeal.pdf
There is a balance of factors that go into a stay and the judge decided that they slightly favor granting a stay, at least in part. What the judge did was split the baby:
A) CA's law forbidding importing or buying standard mags was reinstated at 5:00 pm on April 5, 2019 (the original order was filed March 29, 2019, so that marks the time period CA was legally flooded with mags).
B) CA remains enjoined from enforcing the law about destroying standard mags that had previously been grandfathered and those that flooded in from 3/9 -- 4/5/2019.
His reasoning can be simplified into this one quote from the top of page 5:
EDIT: Before people jump on Benitez for issuing a stay, if he didn't do it, the 9th Circuit probably would have and it might not -- perhaps probably not -- have been one that protected legal standard mags during the appeal process as Benitez' order did.
Bingo
Right on