Duncan v Becerra - CA Law on limit of 10rd mag capacity found unconstitutional Mar 2019

[KenM]

My good man @James asked about this recent turn of events.

From what I understand is some of the examples why Judge Benitez ruled as he did is he cited an account of a woman successfully defending from 3 attackers killing 1 with a firearm using a magazine which held over 10 rds. She was in her PJs with no way to hold/have an additional magazine, phone in one hand with her firearm in the other when she had to protect herself.

Then another reference to 2 other women with 10 rd only magazines were unsuccessful in defending themselves from attackers.

Back to answering James. My reply is almost that it’s like it’s 1992 again, right before Brady Bill was passing.

Plenty of AR mags listed for sale, yet Glock mags are all sold out.

It’s perfect timing, I literally came into some additional cash. Going through my wishlist and the first thing was a road glide cvo mako fade paint finish, then this hit and I’m going shopping I already have 20 on the way.

As of this date they are legal in CA but I’m going to keep them in AZ until the smoke clears and dust settles, you can bet there will be an appeal. Better news is the 9th circuit has had some changes in justices who are now sitting and any en banc hearings stand a better chance to favor the 2nd Amendment.

I’m going to look for the Glock 21, 22 and 17 standard capacity mags, along with checking out Sig P229 mags as I’ve decided to get one. I’m also picking up a Kel-Tec RDB-C hunter in 5.56 as it just went on sale this week. I was looking for a used 6.5 Grendel as they’re not available new anymore. With this development I’ll go with the 5.56.

Still not out of the woods but vendors are shipping so it’s a fire sale right now.

Funny thing about CA law is the ripple effect the way the laws are written. They’re written with the intent to have definitions carry the weight of the law and for it to hold water. These definitions carry over and segue into other laws or lay foundations for other law to take effect.

Which is why there can be no concessions, no negotiations on giving up any 2nd Amendment rights.

Here’s an example, centerfire rifles are one of the following,

1. a registered assault weapon is clear for this,

2. a featureless is clear

3. yet a fixed magazine/mag locked rifle under current CA PC law cannot have a mag over 10 rds, it then magically becomes an assault weapon under the current definition. So you gotta stay frosty.

The Kel-Tec falls under a different class since it’s not an AR platform and not under these definitions, similar to an M1a or mini 14.

I’ll still run 10rd 10/30 Pmags and Hexmags on my AR platforms. FYI, guys run .458 socom uppers as only 9 rds will fit max in a 30 rd 5.56 mag. Not this kid.

Here’s the link to the article that broke.
https://www.nraila.org/articles/20190329/breaking-federal-court-finds-california-magazine-ban-violates-the-second-amendment

[Dawn]

We need a Button for that!!

[James]

It’s a big win for the country. The gun grabbers used to champion California for gun control for years, and now they lost their clout. Honestly it’s an important state too. Look at WI, our state pop is less than the pop of LA. I’m hoping California reversing this decision helps the rest of the country out.

[KenM]

This is a good win right up there with Hawaii’s open carry lawsuit. If CCW falls under can issue then the matter before the court was then the law preventing open carry was unconstitutional as there left no basis of the right to bear arms under the 2nd amendment. This is in the 9th circuit as well so it will set a precedent for CA as well. The court stated that you can’t deny both, we’ll see how that goes.

CA is the beta to get anti 2nd amendment laws passed. NY, MA and Colorado are the first states that come to mind that quickly follow being affected.

Here are the other states with current mag capacity laws I just looked up.

Connecticut
Hawaii
Maryland
New Jersey
Vermont

The sucks to be you attitude needs to change, NV is a prime example. That just leave and move attitude isn’t a long term fix. The CA modeled laws are upon that rally point, they call it East California.

I don’t think it’s funny personally, when we have a win like this I sometimes think deep inside ok keyboard warriors you’re welcome. I feel like this at times and just save my breath and do my thing, we’re all in the same boat, those of us here in CA are bailing water while those laughing or mocking are sitting in a tux or ballroom gown on the other end of the boat listening to the band play on while the ship is sinking.

I remember in ‘92 thinking I was good and grandfathered in, and by 2000 they came back and changed the law again then again, and Feinstein’s recent push of its ok you can keep what you’ve got sent me back to ‘92, nope don’t believe it. It’s always a play to gain a foothold.

I could go on so I’ll spare you all, my take basically is never drink the kool-aid.

[Dawn]

The “it’s not affecting me right now, so I’m going to ignore it” attitude is something we cannot afford to have! That’s what happened in pre-WWII Nazi Germany. We cannot look the other way as others - no matter what their background/location - are losing their rights. It might not affect us right now, but you better believe that those attitudes spread and we’ll all lose.

I’m with you on this one @KenM !

[James]

For sure buddy, you guys deal/dealt with more than myself. Unification is a must. Well said.

[Damon]

I wish we all could be like Kennesaw Georgia where they require every head of household (if legally without a criminal record) you are required to own a gun if you live in the city. Their crime rate is almost zero as the criminals know everyone has a gun, so they don’t have a easy target to attack without risking getting shot.

[Zee]

@KenM

I don’t think it’s funny personally, when we have a win like this I sometimes think deep inside ok keyboard warriors you’re welcome. I feel like this at times and just save my breath and do my thing, we’re all in the same boat, those of us here in CA are bailing water while those laughing or mocking are sitting in a tux or ballroom gown on the other end of the boat listening to the band play on while the ship is sinking.

I remember in ‘92 thinking I was good and grandfathered in, and by 2000 they came back and changed the law again then again, and Feinstein’s recent push of its ok you can keep what you’ve got sent me back to ‘92, nope don’t believe it. It’s always a play to gain a foothold.

I’m rooting for you. We were there in CA forEVer, my hubby over 50 years, I was born there. He’s been in firearms since dirt was invented, and right after he got back from Vietnam got his FFL. Was active in it held on to it inside Los Angeles for years, until LA made it virtually impossible to be one. He and I were both very active in the 2A groups, he was training police and competing. Eventually it got personal (long story, and not one for on here) but we decided it was time to fall back and regroup. We’re in MO now, where he’s been active in getting constitutional carry implemented.
I feel for you, and I still send money to some of the groups working to hold the line in CA, but we needed to go somewhere that we could move the line forward, instead of treading water and fighting to retake the same ground over and over.

[James]

@KenM I just saw a video on Instagram of people in California just going nuts at the range, and I thought to myself, “I’m really happy for them, and these people are about to empty their reserves of ammo.” Lol.

[Dawn]

Unfortunately, this came to a screeching halt just days after the ruling.

Large-capacity gun magazines are illegal in California again

This sentence from the online article stood out to me:
“the type of magazines that are used in firearms to create the mass shootings that we’ve seen throughout this country”

Magazines and firearms are inanimate objects and cannot “create” anything. And we’ve already seen how quickly someone can reload with magazines that have less rounds in them.

I feel for the people in California who didn’t have a chance to take advantage of the few days of reprieve created by the ruling early last week.

[James]

I will sell 4 AR15 mags for what I paid for them plus shipping to somebody in California if it meets the deadline.

[Kerryman71]

Honestly, I think most people knew it would only be temporary. Right away they said they’d take it to the 9th Circuit Court of Appeal. We all should know what that means by now.

[KenM]

We’re gonna be alright, the law allows us to keep them and possess them if we had them, and this ruling allowed us to purchase, acquire, possess again.

This stay was put into effect at 5pm last Friday 4/5/19 PST.

So it allowed you to purchase up until that time. The advisement was to acquire that what was considered standard for that model.

I will not be parading these around on the range.

It’s still a victory, there are many lawsuits the CRPA is taking to the fight. This is just one.

I look at it like the rebels blowing up the Death Star, eventually the empire was defeated.

There are many fronts on the battle to preserve our 2nd Amendment rights.

Here’s two other victories right off the top of my head.
-3 states have adopted constitutional carry
-Sheriffs are stating they’ll refuse to enforce unconstitutional laws

[KenM]

Great show of support my man, yet the window closed at 5pm PST last Friday April 5th 2019. Any transfer or transaction would be no bueno.

It was a live fire drill with local and online vendors selling mass quantities that weekend. Initially Palmetto State Armory and a few others stepped up to the plate and opened up their inventory for sale and shipping to CA after the ruling March 29th 2019.

By Monday more vendors were opting to sell, when the word was out CA AG filed the stay the sales transactions went into overload

Here is a report where he is trying to stop the magazines from entering CA

https://thumbs.gfycat.com/HairySoulfulHypsilophodon-size_restricted.gif

The judge is a pure genius, he ruled late on March 29th knowing the AGs office couldn’t file until Monday. Then he ruled and put the stay in place for the next Friday at 5pm allowing people to make their purchases.

[KenM]

This is a fair statement, it’s a literally a chess match. The 9th is getting more balance from newly appointed and pending appointments so by the time anything ever gets there it may be an even bigger win as the 9th covers more states than CA and sets a precedent to allow other states to use as case law.

This is why CA 2nd Amendment supporters are following the case in Hawaii regarding open carry as CA doesn’t allow open carry.

The argument is well if one can’t open carry and denied to be issued a CCW in a May issue vs Shall issue situation, the position is it violates the 2nd amendment as it denies the right to bear arms and self defense.

[James]

I’m glad you stocked up on mags!

[Dawn]

Oh @KenM, I knew I liked you! Great Star Wars reference!

[momo]

So what is the future for CA regarding this issue? Any chance the ruling will be overturned?

[KenM]

It’s moving forward and still has a good standing to be won in our favor

[momo]

Oh really? That sounds promising. Does anyone know if there are any active filings? If you do please share the court filing for the brief(s). Thanks!