strikes California's ban on high-capacity magazines

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  • Bigchillin83

    Well-Known Member
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    94   0   1
    Feb 27, 2012
    6,191
    113
    Livingston
    idk they getting delevered lol i see quite a few sites like arf and others offering high capacity mags shipped by individuals to only cali residents lol:eek3:
     

    hkump

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    314   0   0
    Jan 6, 2013
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    Covington, LA
    Time for rejoicing for our California brothers. Let them get their 30 round and 100 round magazines while they can. That law was so unconstitutional in the first place. Hopefully, they can keep fighting for all the dumb laws to be overturned.
     

    Magdump

    Don’t troll me bro!
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    163   0   0
    Dec 31, 2013
    9,396
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    Hammond, Louisiana
    I don't think too many people are left in Commisfornia? Been seeing a lot of plates here lately,Don't think they are stopping for Boudan?
    I theorize that many of the far left trouble makers have left and gone to Colorado, Oregon, Texas and other states to try to turn them into socialeftic pervidise like they did with Cali. Just a matter of time before Texans see the same level of fv<kery start growing in their laws and government. Just look at poor Colorado.
     

    lesgeaux

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    30   0   0
    Oct 18, 2009
    549
    43
    Marrero, LA
    The Good people in Californina should now make a class action suit against the cali state government and the governors since 2000 for reparations of unconstitutional behavior of the state.
     

    machinedrummer

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    2   0   0
    Apr 5, 2010
    3,685
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    Kingwood, Tx
    I theorize that many of the far left trouble makers have left and gone to Colorado, Oregon, Texas and other states to try to turn them into socialeftic pervidise like they did with Cali. Just a matter of time before Texans see the same level of fv<kery start growing in their laws and government. Just look at poor Colorado.

    You are 100% correct. They are a cancer.
     

    DBMJR1

    Madame Mayor's Fiefdom
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    23   0   0
    Jul 27, 2008
    2,313
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    New Orleans, La.
    It will be shot down before the first mag is delivered.

    I don't think SCOTUS would hear the case in time to prevent the first shipment.

    ONLY SCOTUS can overturn this decision by the 9th Circuit Court.

    I DARE, nay, I DOUBLE DOG DARE the state of California to appeal this decision. If they do, and SCOTUS rules against them, which they almost surely would do, it would become the law of the land, and not just of the law of the eight western states governed by the 9th.
     

    shrxfn

    Well-Known Member
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    1   0   0
    Oct 25, 2015
    855
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    SWLA
    I believe that even though the court ruled the ban illegal it also issued a stay until such time as California decidded to fight it further or not which means stock up now until the stay is removed.
     

    DAVE_M

    _________
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    32   0   0
    Apr 17, 2009
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    ________
    From Duane Liptak, EVP of Magpul:

    "So, there are a lot of questions about "Can mags be shipped to CA now?" I've spent most of my morning trying to determine the answer to that very question. I'm not an attorney, I just sometimes have to talk like one at work and fake it, so keep that in mind. This is not legal advice, and you should confirm or deny any of this with your own attorney prior to doing anything at all, because it's entirely possible that I'm full of it. But here's what I understand:

    The circuit court process is a little different. The filing of the actual decision is not what makes the decision "final". The decision is "final" when the court issues a mandate saying so, which occurs a minimum of 7 days after the decision. But...the state could file an appeal for en banc review. That just means that if approved, the case would be reviewed by a panel of 11 judges instead of 3, so it's not really "en banc" but the ninth circuit is so large they break it up that way. The state has 14 days to file for en banc review, and at the end of that time, if they do not file, that's when the 7 day clock would actually start for the mandate to be issued, and for the decision to be final.

    If the state DOES file for en banc review (probably filing that right now), then there is a vote as to whether or not the review is granted. If they vote for NO review, then the 7 day clock starts then. If they vote to allow review, we could have 2-3 months or more to wait for the en banc review, and the decision of the court will not be "final" until after that decision, and then the 7 day period after.

    Our attorneys initially thought that we were good to start shipping immediately, until we talked to the folks that were savvy on federal circuit court process, including an appellate attorney in CA that filed one of the amicus briefs on the case, and has represented our interests out there before.

    Bottom line is that we have between 7 days and several months before the decision is "final" which is what triggers the release of the lower court stay--to my understanding. Any of y'all that are actual circuit court appellate attorneys can tighten me up, and I'll correct this post.

    Don't get me wrong...this is awesome--just not "open the floodgates" time. And, don't be discouraged-- with the current makeup of the 9th, it's not a sure thing that en banc review would sink it. It's almost 50/50 now on that court, so the draw for the en banc panel will foretell how that will go. Especially given the wording and strength of both the benitez decision and the 3 judge panel decision on the 9th, it's really encouraging.

    TL;DR Can't ship mags to CA yet, have to wait for official court Mandate to be filed regarding the decision, may be 7 days to a few months for that to happen."
     

    Core

    Salt
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    0   0   0
    Mar 5, 2011
    247
    28
    Maine
    Agreed. This is progress. SCOTUS needs to restore Article VI and enforce Supreme Law as it was always intended to be at ALL levels of government in the US. Happy Day! Lock and load California!
     

    oleheat

    Professional Amateur
    Premium Member
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    3   0   0
    May 18, 2009
    13,775
    38
    This is why some should stop focusing on the bump stock issue for now and look at the bigger picture. These are Trump's judges at work. Focus on winning the war- not one battle that can be revisited later....
     

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