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9th Circuit rules that the ban on possession of magazines that hold more than ten rounds of ammunition violates the 2nd Amendment.

Everything about this comes down to interpretation..

Though they wrote it in plain 18th Century English the FF knew questions would arise on "what they actually meant"

Jefferson told us that when that happens that the question should be viewed from the perspective of a people that had just fought a hard struggle against tyrannical govt.

Using that perspective every decision should favor the People over the government.

This goes right up the ass of those that want govt to be the power and the control to subborn the will of the People.
 
Unfortunately they are legal to posses right now, but not able to purchase, loan etc... This is definitely a huge win, but there is more left to go.
From Chuck Michel of CRPA: "Everyone who is asking can we buy or sell, i.e., is this Freedom Week II, sadly no. Watch the CRPA website for an announcement and analysis."



What Does the Duncan Victory Mean To You Right Now?

August 14, 2020- Earlier today, a three-judge panel of the Ninth Circuit issued its opinion in the CRPA-supported lawsuit Duncan v. Becerra. This momentous decision strikes down California’s statewide prohibitions against magazines capable of holding more than 10 rounds as unconstitutional. In doing so, the Ninth Circuit upholds the 2019 decision from the United States District Court in San Diego that resulted in hundreds of thousands—if not millions—of magazines being lawfully purchased by California gun owners.

Today’s opinion, however, should not be read as immediately ending the ban on acquiring magazines over 10 rounds. While possession of these magazines remains legal under the injunction issued by the district court in 2017, it is unclear whether today’s decision lifts the district court’s 2019 order staying the injunction that would have halted the enforcement of the manufacture and acquisition ban. According to the terms of that order, it remains in effect “pending final resolution” of the Duncan appeal. And because the state of California may petition for an 11-judge en banc panel to rehear the case or file a petition directly to the Supreme Court of the United States, it may be months before this appeal is finally resolved. Put simply, take caution! It is unclear whether California residents may begin to purchase magazines over 10 rounds yet.

A more detailed analysis of today’s opinion and what’s next will be published shortly. To stay informed on the Duncan lawsuit, as well as other important CRPA-supported litigation efforts, be sure to visit the CRPA website and subscribe to CRPA email alerts.
 
What legal authority could the state rely on to prohibit the sale of a good that is legal to possess?


TO: FIREARMS DEALERS The purpose of this bulletin is to inform you of additions and amendments pertaining to large capacity magazines and assault weapons to be made to the California Penal Code (PC) effective January 1, 2000, as a result of the passage of Senate Bill (SB) 23 (Chapter 129, Statutes of 1999). Large Capacity Firearms Magazines Effective January 1, 2000, the manufacture, importation, sale, or transfer of any large capacity firearms magazine, except to specifically designated parties and under specified conditions, will be prohibited by law. Possession of large capacity magazines is not restricted by this law. All applicable federal laws and regulations regarding large capacity magazines remain in force and must continue to be observed. A large capacity magazine is defined as any ammunition feeding device with the capacity to accept more than ten rounds but shall not include any .22 caliber tube ammunition feeding device, or a magazine that has been permanently altered so that it cannot accommodate more than 10 rounds. Under this law, sales of large capacity magazines to persons authorized under PC §12020(b), such as law enforcement agencies, peace officers, licensed firearms dealers, armored car companies, museums, and theatrical companies are permitted. Dealer record keeping requirements include the maintenance of records of sales for all transactions, including a copy of the official invoice of the law enforcement agency, or an authorization letter on the letterhead of the company to which the sale is being made. The records must be maintained at the dealership location for three years and made available to law enforcement upon request. The import of large capacity magazines into California or the export of large capacity magazines out of California will require a permit. Large Capacity Magazine Permits may be issued by the Department of Justice, upon request, only to firearms dealers who are listed on the Department of Justice (DOJ) Centralized List of Firearms Dealers. Dealers seeking a Large Capacity Magazine Permit must certify they have a bona fide marketplace for the import or export of large capacity magazines and that they will comply with all applicable state laws and regulations. Permittees are required to keep acquisition and disposition transaction records of the importation and exportation of large capacity magazines. Records shall include transaction date, transaction volume; and the name, address, and Federal Firearms License number (if any) of the out of state transferee or transferor. Records must be maintained at the dealership for three years and be made available to representatives of the DOJ or any other law enforcement agency upon request.
 
This is just the appeal after last years ruling correct? Are they going to try to go to supreme with it or is CA gonna throw in the towel?
Oh no, the communists will for this even if shot down by scotus. Gun rights are a impediment to their agenda, and they want us as unarmed and compliant as possible. Never ever let up the pressure in getting rid of these treasonous laws. Personally those who wrote this law should be thrown in gitmo for life.
 
If Congress has direct authority to regulate under the commerce clause, it cannot do so in a manner that would be inconsistent with other constitutional principles, like the second amendment. The ruling discussed in this thread decided that possession of the magazines at issue is a fundamental right and an outright ban does not pass muster under strict scrutiny (ETA or intermediate scrutiny for that matter). Don't see how any argument could be made that an outright prohibition on the sale of the magazines at issue would be treated any differently under the commerce clause or whatever other twisted mental gymnastics you could do to argue that an outright ban on the sale of the magazines at issue is not violative of the natural rights memorialized in the second amendment.

Perhaps this is a chink (no offense @Blue Sky Country ) in the armor of the "approved lists"?
 
Wait, were not supposed to have 10+ mags here? I had no idea.
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"In Common Use" is also a great way to get rid of firearms. Our government doesn't consider the military to be The People in court cases that I've ever known of. If machineguns came up in court again, they could say they may be banned because they are not in common use - because the court made them almost impossible to acquire. They could ban silencers for the same reason; they could say "only X% of gun owners use silencers" - directly grounded in the courts already making suppressors incredibly difficult to acquire and own.
You need to read the brief. Your example is explicitly called out as not being an example of long standing, specifically because if it's outlawed, one can't say what bearing it has. Specifically a law outlawing something can not be used as validation of something as being not "in common use", since it's outlawed. That is established law and precedent.

People need to take the time and read the ruling....
 
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I was able to place my magazine order , whether or not they get shipped is another story. This is a big win for us behind enemy lines.

Godspeed friend.
 
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You need to read the brief. Your example is explicitly called out as not being an example of long standing, specifically because if it's outlawed, one can't say what bearing it has. Specifically a law outlawing something can not be used as validation of something is not "in common use", since it's outlawed. That is established law and precedent.

People need to take the time and read the ruling....
Good to know!

I don’t read pro-gun rulings in California. They only stand for a week.
 
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The bolded text above could be one of the most idiotic sentences I've had the displeasure of reading.

Using that logic, no "final order" any judge entered would ever be a "final order" until it was granted cert and ruled on by SCOTUS or the time for an appeal had run and none of the grounds for an out of time appeal existed.

Remember when the Dems got a stay on DACA and put more agents on to process more illegals?

Got to admire the Communists for their commitment.
 
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The entire compelling interest cited by Becerra is a fraud. It's a pretext for their actions not grounded in facts and completely lacks context. It is therefore in its very essence constitutionally antithetical. This is not only evident in Becerra v Duncan, but most of the other unconstitutional bans for various weapons, ammunition and accessories. It is the lack of recognition for this scheme, more so the embracing of it by corrupt jurists, that has caused people to lose faith in the courts. Roberts, especially, has been malicious, biased, blatantly political and subversive on The Second Amendment, et al. I actually fear, not welcome any case that may reach the court in its current consistency. I have no doubt they will place limits where none should exist, nor will a majority profess fealty to the original meaning and purpose of The Second Amendment.

This is a step in the right direction and in an honest, fair, intellectually scrupulous world we would not need to fight these battles. But unfortunately the enemy we fight today is ruinous, seditious, tyrannical, injudicious, biased, dishonest and focused on ruling, not governing. Keep up the fight and enjoy your taste of freedom, Californians.
 
I actually think Robert's would rule in favor of the 2A, and is likely the reason he has chosen not to hear 2A cases; he knows the correct answer, but fears opening pandora's box.
 
I think there is some credence to that argument. But if you look at it more broadly in context of all the cases Roberts has thrown in the wrong direction, and the text of those decisions, you start to believe there are other factors involved.

Overall, his perspective should be limited to carrying out the constitutional role of SCOTUS. It is not up to him to stage manage the process while people suffer from the usurpation of their rights by autocratic state governments and their dishonest liege in the court systems. That is the very definition of subversion.
 
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which could happen here as well but the key word is could

they would have to file a motion asking for a stay pending appeal and then it would have to be granted before it would be in effect

the order is the order until something changes that


My point is the Communists never wait to the dust settles or delay "in case" there is an appeal.....they mobilize and embed themselves.

Magpul should be airdropping crates of mags to 9th circuit buyers.
 
It’s possible that I know some people who already instantly got higher capacity mags in ca. One of them could even claim not to have ordered them.California people; If I did know these people, would you guys say these people are ok or in legal jeopardy?
 
I heard one distributor was selling 4000 magazines per MINUTE!!! (60K/hr) which was still less than the peak of 100k/hr during 2016. But keep in mind, in 2016 it was mostly distributed nationally where as I'd have to believe that now it's the majority of sales to Californians getting the rights back.
 
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That and LA is having all kinds of issues that aren't being reported. The fire bombed a federal building last week. People in LA are panicking...
 
I heard one distributor was selling 4000 magazines per MINUTE!!! (60K/hr) which was still less than the peak of 100k/hr during 2016. But keep in mind, in 2016 it was mostly distributed nationally where as I'd have to believe that now it's the majority of sales to Californians getting the rights back.
D3EE4BE1-AB3D-45A0-83E0-5379EE4D2DF4.jpeg
Amazing.... If they’re lucky they’ll find some boating accident with a floating Ma-deuce and armory of floating 240 Bravo’s...
 
Some people ordered overnight yesterday and have them today. Gotta live today. It’s not perfect but it’s pretty gorgeous.
 
So maybe the 10 round (bench rest) mags will go on sale.

I use them on a bench and in stands.
 
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In Texas alot of noobs come to a range with benches to site in thier new ar's .

They quickly find out the downfall of a 30 rounder for that purpose.

Seems I always loose a couple per year.

If they go on sale I will buy extras to keep in pkg to sell at range to help out the noobs if range doesn't have any..
 
In Texas alot of noobs come to a range with benches to site in thier new ar's .

They quickly find out the downfall of a 30 rounder for that purpose.

Seems I always loose a couple per year.

If they go on sale I will buy extras to keep in pkg to sell at range to help out the noobs if range doesn't have any..

It's not just the range that they are good for.
I'll often have the first mag in my car carry MSR be a 10 rounder because it's less likely to get hung up if I need to pull it out in a hurry or use it from inside the vehicle.
 
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Wow.
I was thinking of adding that.
Even my sbr gets that treatment.
 
Man I hope this applies to my neighbors in New Jersey . Fuck Phil Murphy . Balls n all , tonsil lockin , no gag reflex , Commie traitor , striated man sphinter lickin , toilet bowl brush squatin , douche fuckin bag .

How dare you disrespect a man who said "He would like to think that he had the back of the man who murdered those kids in Newark"

You forgot what Phil's major was in college "Dancing Fairy" and one other thing you forgot to mention he looks like a donkey when he smiles with horse teeth.
 
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"Current" is the key word.

Freedom of speech applies to the television speech also.
Yes. Stingers and TOWs are man portable and would be covered.

Some would argue tanks and ships etc would be covered as they were in private possession when the Bor was drafted.
 
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View attachment 7399642Amazing.... If they’re lucky they’ll find some boating accident with a floating Ma-deuce and armory of floating 240 Bravo’s...
If the number of boating accidents reported were actually real? You would be able to walk to Japan without getting your feet wet. In addition to being well armed when you got there. :)
 
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I think the ruling should go into effect.

If some ass appeals it they can deal with it then, not infringe people now.
 
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Hate to say I called it, but I called it. Unless there's an official bulletin don't expect the merchant to risk stepping in it.
 
Us law abiding conservatives.

Communists see light under the edge of the tent they bring the camel inside.

Conservatives "Ummm, Im not sure yet, let's wait and see...."
 
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Us law abiding conservatives.

Communists see light under the edge of the tent they bring the camel inside.

Conservatives "Ummm, Im not sure yet, let's wait and see...."
Or...let’em come. Grrrrrrr...