California's "High Capacity" Magazine Ban Overturned!

[Coyote33]

Except when the regime decides to blatantly ignore all legal constraints and exercises raw power. I wouldn’t put it past the puppet masters to declare an emergency and flat out ignore the constitution, congress and the courts.

From: Massachusetts Bill HD.4420 "An act to modernize gun Laws"

Interesting:

View attachment 798532

MSN

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The rule of law was forfeited when an era of emergency edicts began. Now it’s just getting to its logical conclusion.
Nothing is absolute unless it serves interests of the ruling regime.

 

[Lank]

So when can we get back our standard capacity magazines?

News like this always reminds me to support COMM2A and GOA

 

[DarthRevan]

The only thing this means is you gave Mr guns and gear another 5 cents for watching his video

For now.
Still sets precedence for cases in other circuits if nothing else comes out of it.

 

[Garys]

I believe it's "persuasive" as opposed to "precedent," but there are others better versed in legal nuance.

Still, it helps.

For now.
Still sets precedence for cases in other circuits if nothing else comes out of it.

 

[40 Creedmoor fan]

The appeals court will keep the stay of the decision which will give our side an opportunity to appeal to SCOTUS to lift the stay. We will do the same thing the justice department lawyers did with the TX vs ATF decision: appeal to a friendly judge.
At this point, if SCOTUS lifts the stay, CA will have a "freedom year" or whatever time it will take for an appeal to wind its way through the appeals court. It also means SCOTUS will "nudge" the appeals court to use proper analysis when reviewing the case.
If SCOTUS does not lift the stay, they will most likely move to review the case themselves at which point there will be a clear difference of opinions between various districts and SCOTUS will put a smack down all these stupid bans.
That is unless Thomas retires and dems will put appoint another anti-2A activist on the court...

 

[Coyote33]

The appeals court will keep the stay of the decision which will give our side an opportunity to appeal to SCOTUS to lift the stay. We will do the same thing the justice department lawyers did with the TX vs ATF decision: appeal to a friendly judge.
At this point, if SCOTUS lifts the stay, CA will have a "freedom year" or whatever time it will take for an appeal to wind its way through the appeals court. It also means SCOTUS will "nudge" the appeals court to use proper analysis when reviewing the case.
If SCOTUS does not lift the stay, they will most likely move to review the case themselves at which point there will be a clear difference of opinions between various districts and SCOTUS will put a smack down all these stupid bans.

This idea is all based on what.

 

[El_Guapo77]

The wheels of justice are incredibly slow will this help those of us here in mass? Eventually I believe so but don't expect any freedom weeks

 

[40 Creedmoor fan]

This idea is all based on what.

ehh, which one. there are several.

 

[M1911]

That's great news, I'm headed to California tomorrow!

Don't bother. There is a stay on the ruling going into effect for 10 days, to give CA time to appeal. CA will appeal, so back to the appellate court and round and round we go.

 

[M1911]

The appeals court will keep the stay of the decision which will give our side an opportunity to appeal to SCOTUS to lift the stay. We will do the same thing the justice department lawyers did with the TX vs ATF decision: appeal to a friendly judge.
At this point, if SCOTUS lifts the stay, CA will have a "freedom year" or whatever time it will take for an appeal to wind its way through the appeals court. It also means SCOTUS will "nudge" the appeals court to use proper analysis when reviewing the case.
If SCOTUS does not lift the stay, they will most likely move to review the case themselves at which point there will be a clear difference of opinions between various districts and SCOTUS will put a smack down all these stupid bans.
That is unless Thomas retires and dems will put appoint another anti-2A activist on the court...

I think it is highly unlikely that SCOTUS would lift the stay.

 

[AMV]

Don't bother. There is a stay on the ruling going into effect for 10 days, to give CA time to appeal. CA will appeal, so back to the appellate court and round and round we go.

yes,,,, but this is the last climb up the ladder for this case, so the end will come,

 

[Garys]

SCOTUS has reviewed the case and appeals already. The case was GVR'ed back to the district via he 9CA and Judge Benitez has reaffirmed his original ruling. This is not an endless loop.

The appeals court will keep the stay of the decision which will give our side an opportunity to appeal to SCOTUS to lift the stay. We will do the same thing the justice department lawyers did with the TX vs ATF decision: appeal to a friendly judge.
At this point, if SCOTUS lifts the stay, CA will have a "freedom year" or whatever time it will take for an appeal to wind its way through the appeals court. It also means SCOTUS will "nudge" the appeals court to use proper analysis when reviewing the case.
If SCOTUS does not lift the stay, they will most likely move to review the case themselves at which point there will be a clear difference of opinions between various districts and SCOTUS will put a smack down all these stupid bans.
That is unless Thomas retires and dems will put appoint another anti-2A activist on the court...

 

[Joeldiaz]

I think it is highly unlikely that SCOTUS would lift the stay.

Agreed. Just look at their actions on other recent gun cases like Antonyuk v. Nigrelli, NAGR v. Naperville and VanDerStock v. Garland.

 

[Garys]

The stay is to allow the CA AG to inform LE agencies of the change in the law. The AG might appeal, but the 9CA is unlikely to extend it or conduct another round of hearings. Unless they enjoy getting spanked by SCOTUS.

Don't bother. There is a stay on the ruling going into effect for 10 days, to give CA time to appeal. CA will appeal, so back to the appellate court and round and round we go.

 

[Lokdog]

Exactly. This applies to California laws...Beacon Hill doesn't care about that. And it's assumed the appeal will go the way the video suggests...I hope he's right, but I'm not convinced. My hope is that perhaps another judge will hear similar here and rule similarly.

RI's limit was heard...no problem...Public safety was cited...totally flew in the face of SCOTUS. Still have a mag limit of 10 until someone decides otherwise and prolly will until I'm collecting SSI.

And the way that idiot judge let this law stand makes it ripe for a trouncing. The RI AG's office argued that this does not infringe on RI rights because people can "modify their existing mags down to 10 rounds" and everyone is good to go except the law is written that "any detachable magazine with a removable floor plate that can be "modified" into accepting more than 10 rounds is considered illegal!!?!! It will be interesting how high this case goes in the court system because out of all the states with mag bans, RI's is the most retarded by far

 

[pastera]

Given that it was the same judge who struck it down pre NYSRPA, this was 100% expected.

What happens next is the decision gets stayed pending appeal to the 9th circuit. It then goes through at least one, but more likely two rounds of appellate decisions. Only if it makes it to the Supreme Court would it apply to Mass.

Somehow I think California may just let this one stand to only effect California.
They know if they appeal it will at the very least affect the 9th but likely go to SCOTUS and kill mag limits across the US

 

[Picton]

Somehow I think California may just let this one stand to only effect California.
They know if they appeal it will at the very least affect the 9th but likely go to SCOTUS and kill mag limits across the US

Yep. Maura is probably on the phone with Gavin this weekend, asking him to let it go.

 

[safetyfirst2125]

Somehow I think California may just let this one stand to only effect California.
They know if they appeal it will at the very least affect the 9th but likely go to SCOTUS and kill mag limits across the US

Probably, but let’s hope the emotion of the loss carries them to SCOTUS. Just look at all those emotional words.


View: https://x.com/gavinnewsom/status/1705383651159298416?s=46&t=bv1C9X-IfKErpXk7VC470g

 

[Garys]

That's just Noisome complaining because SCOTUS followed the Constitution and CA is screwed out of their "first in the nation high capacity magazine ban."

Probably, but let’s hope the emotion of the loss carries them to SCOTUS. Just look at all those emotional words.


View: https://x.com/gavinnewsom/status/1705383651159298416?s=46&t=bv1C9X-IfKErpXk7VC470g

 

[Parker Schreiber]

Somehow I think California may just let this one stand to only effect California.
They know if they appeal it will at the very least affect the 9th but likely go to SCOTUS and kill mag limits across the US

I don't think California politicians care all that much about the rest of the 9th circuit, and Bonta's political ambition won't let that happen.

Attorney General Bonta Vows to Appeal District Court Decision on Large-Capacity Magazines; Will Continue to Defend California’s Commonsense Firearm Laws

SACRAMENTO — California Attorney General Rob Bonta today issued the following statement in response to a district court decision striking down California’s large-capacity magazine (LCM) ban. The U.S. District Court for the Southern District of California found the large-capacity magazine ban...

oag.ca.gov

 

[Picton]

Yeah, Bonta has already filed a notice to appeal.

 

[safetyfirst2125]

Attorney General Bonta Vows to Appeal District Court Decision on Large-Capacity Magazines; Will Continue to Defend California’s Commonsense Firearm Laws

SACRAMENTO — California Attorney General Rob Bonta today issued the following statement in response to a district court decision striking down California’s large-capacity magazine (LCM) ban. The U.S. District Court for the Southern District of California found the large-capacity magazine ban...

oag.ca.gov

 

[sschevy]

For now.
Still sets precedence for cases in other circuits if nothing else comes out of it.

Don’t make me walk over to your house and poop on your front stairs

 

[Token_Black_Guy]

Will this affect MA before pigs fly? I say no….

There's a few states that ships mags just gotta find em

 

[Token_Black_Guy]

I'm sure all th gang members will run right out and buy magazines because they follow the firearms laws

Maybe they have it right

 

[T-Unit]

The appeals court will keep the stay of the decision which will give our side an opportunity to appeal to SCOTUS to lift the stay. We will do the same thing the justice department lawyers did with the TX vs ATF decision: appeal to a friendly judge.
At this point, if SCOTUS lifts the stay, CA will have a "freedom year" or whatever time it will take for an appeal to wind its way through the appeals court. It also means SCOTUS will "nudge" the appeals court to use proper analysis when reviewing the case.
If SCOTUS does not lift the stay, they will most likely move to review the case themselves at which point there will be a clear difference of opinions between various districts and SCOTUS will put a smack down all these stupid bans.
That is unless Thomas retires and dems will put appoint another anti-2A activist on the court...

SCOTUS hasn't exactly been ruling on lifting stays of gun regulations for a while now, just last month they kept the ghost gun regulations in place, so I'm not holding out any hope that SCOTUS would lift a stay on magazine capacity laws.

However, if the stay is not lifted then the 9th Circuit can slow walk the appeal for years, if not decades as that is a tactic it has been using for a long time, one I'm sure SCOTUS is aware of. Ghost guns and bump stocks are very fringe for the average American, but magazine capacities are as common as it gets in use, so I see no reason why SCOTUS wouldn't lift a stay other than because they mostly side with the police state that the country has become.

Thomas will never allow Biden to nominate his replacement.

 

[Joeldiaz]

Somehow I think California may just let this one stand to only effect California.
They know if they appeal it will at the very least affect the 9th but likely go to SCOTUS and kill mag limits across the US

AG Rob Bonta has already filed a notice of appeal.

 

[T-Unit]

And the way that idiot judge let this law stand makes it ripe for a trouncing. The RI AG's office argued that this does not infringe on RI rights because people can "modify their existing mags down to 10 rounds" and everyone is good to go except the law is written that "any detachable magazine with a removable floor plate that can be "modified" into accepting more than 10 rounds is considered illegal!!?!! It will be interesting how high this case goes in the court system because out of all the states with mag bans, RI's is the most retarded by far

I call it Retard Island for a reason...

 

[T-Unit]

I don't think California politicians care all that much about the rest of the 9th circuit, and Bonta's political ambition won't let that happen.

Attorney General Bonta Vows to Appeal District Court Decision on Large-Capacity Magazines; Will Continue to Defend California’s Commonsense Firearm Laws

SACRAMENTO — California Attorney General Rob Bonta today issued the following statement in response to a district court decision striking down California’s large-capacity magazine (LCM) ban. The U.S. District Court for the Southern District of California found the large-capacity magazine ban...

oag.ca.gov

Democrats always have to appeal to their base. If Bonta sits on his hands then in a primary for governor or senator an AOC type would pull this out and say that he failed to protect "duh childrenz from gun vilants!" and he'd be booed off the stage by Moms Demand Anal Action and Everytown.

 

[hunt4riches]

Probably, but let’s hope the emotion of the loss carries them to SCOTUS. Just look at all those emotional words.


View: https://x.com/gavinnewsom/status/1705383651159298416?s=46&t=bv1C9X-IfKErpXk7VC470g

oh poor fkn commie bwaaa waaa waaaa GFYS @newsom