Duncan vs. Becarra (CA magazine ban case) -- Judge is awesome

[Beretta92FS]

This could be a big deal. Even if it get overturned on appeal, by the time it makes its way to the Supreme Court, Trump has been able to put two more of his judges there, and it will be upheld there, and all magazine bans will fall, nation wide.

 

[Wildcard]

I don't want to get my hopes up, but it's hard.

Did the NRA sort of redeem itself?

 

[falcon123]

Queue the mass shooting (with large cap mags) in the state of California to gin up fear, uncertainty, doubt, and emotional cries to continue the magazine ban, in 3...2...1...

Wouldn't mind if it happened at the state house on the democrat side.

 

[Dadstoys]

I wonder even if it does get overturned if the state would have to grandfather in mags bought between now and then ?

 

[ChevyGuy91]

I'd be maxing out credit cards on cases of pmags if I lived there.

 

[LittleCalm]

Does this case overturn a complete ban or only a retroactive ban?

 

[bauer]

I'd be maxing out credit cards on cases of pmags if I lived there.

100%. I may even be calling magpul to see if they would be willing to deliver by the pallet

 

[pastera]

Does this case overturn a complete ban or only a retroactive ban?

I only skimmed the decision but it very clearly and definitively overturns bans on commonly held sizes up to and including 30 round - there is some wiggle room for 100 round mags but even then the state would need to show a clear, strong nexus.

 

[bauer]

Meanwhile in Maura Healey’s office:

 

[Waher]

The judge meticulously researched and crafted the 85+ page ruling to make it difficult for the 9th circus and easy for SCotUS. It's worth reading the whole thing.

 

[Billy2]

ARF is a cesspool, wouldn't spend a second there...but thanks for shedding light on it here.

General discussion sure seems that way but some of the sub forums are excellent and well moderated!

 

[Yazz]

So the is the $200.00 tax stamp next?

 

[TomMontana]

Does this impact the other states with standard mag limitations? Should I unload my old Glock mags now to the MA buyers while it still commands absurd prices?

 

[Rob Boudrie]

Does this impact the other states with standard mag limitations? Should I unload my old Glock mags now to the MA buyers while it still commands absurd prices?

The precedent is valid in the 9th circuit only. The only other state I know of with a capacity limit in that district is Hawaii. It also covers Guam and the Nothern Mariana Islands are included in the district. The Marianas are hostile to gun ownership - they tried imposing a $1000 per handgun tax post-Heller but that got shot down, and has a mag limit (not sure if that got shot down with the $1000 per gun tax).

 

[Waher]

Indirectly this will benefit MA immediately by reducing the market for and hoarding of pre-ban magazines in CA, thus making that limited pool of pre-ban magazines available to MA and other ban states.

 

[firestorm]

This could be a big deal. Even if it get overturned on appeal, by the time it makes its way to the Supreme Court, Trump has been able to put two more of his judges there, and it will be upheld there, and all magazine bans will fall, nation wide.

That's where I am afraid that the antis might pressure CA into not appealing. If they take this loss and leave it alone then it helps nobody anywhere else. If they believe that this is a vehicle for a SCOTUS overturning of mag bans everywhere they might pull a DC and take the loss to let other restrictive places keep their laws. It's a strategy that seems more dangerous when they think they might lose at the national level and instead will force winning lawsuits from every restrictive state to get those overturned one at a time.

 

[M1911]

This could be a big deal. Even if it get overturned on appeal, by the time it makes its way to the Supreme Court, Trump has been able to put two more of his judges there, and it will be upheld there, and all magazine bans will fall, nation wide.

There is no guarantee that SCOTUS will grant certiorari.

 

[M1911]

Indirectly this will benefit MA immediately by reducing the market for and hoarding of pre-ban magazines in CA, thus making that limited pool of pre-ban magazines available to MA and other ban states.

I doubt it. I expect that CA will appeal and be granted an emergency stay of the decision, pending consideration of their appeal.

 

[LittleCalm]

Unless another 2A justice gets appointed to SCOTUS, I wouldn’t get my hopes up. MSM keeps talking about the ideological shift of the court but in reality the 4 incredibly anti-2A justices havent gone anywhere and it’s not clear to me that the other 5 justices are willing to do anything dramatic to address the “orphaned” 2A (to use Thomas’ word). You would really need a couple more justices with Thomas’ perspective to get some traction, and I don’t see that happening. If trump is re-elected, he might get to replace one of the 4 anti-2A justices. Lots of “ifs”.

 

[amm5061]

I doubt it. I expect that CA will appeal and be granted an emergency stay of the decision, pending consideration of their appeal.

This right here. Don't worry, folks. Even if we win with the 3 judge appeals panel, the 9th Circus en banc will take care of correcting it. Can't let the peons have freedom. Who knows what they'd do with it?!?!

 

[Waher]

This right here. Don't worry, folks. Even if we win with the 3 judge appeals panel, the 9th Circus en banc will take care of correcting it. Can't let the peons have freedom. Who knows what they'd do with it?!?!

Not so sure CA will push for an appeal that might get to SCotUS. I expect delaying tactics until at least the current SCotUS case re:New York City is decided.

Remember IL and DC both refused to keep poking the bear because it risked getting the garbage getting taken out nationally. I'm sure the anti-gun cabal is busy having voice conferences over the weekend to coordinate a response or let the sleeping dog lie as part of a long term campaign.

 

[Coyote33]

Not so sure CA will push for an appeal that might get to SCotUS. I expect delaying tactics until at least the current SCotUS case re:New York City is decided.

Remember IL and DC both refused to keep poking the bear because it risked getting the garbage getting taken out nationally. I'm sure the anti-gun cabal is busy having voice conferences over the weekend to coordinate a response or let the sleeping dog lie as part of a long term campaign.

Well, I hope our side is doing the same thing then.

 

[LoginName]

ARF is a cesspool, wouldn't spend a second there...but thanks for shedding light on it here.

But, that's exactly why the place is so entertaining.

GD rarely disappoints.

Despite some of the shenanigans and riff-raff posting over there, they're currently encouraging other members to sell and ship
mags to CA residents only...

FOR OUR CALI MEMBERS LOOKING TO BUY MAGS (NOW WITH LINKS!) - AR15.COM

 

[enbloc]

Lol. New description for late-dated 30 round AR magazines like MagPuls... "NO-BAN"

 

[amm5061]

Not so sure CA will push for an appeal that might get to SCotUS. I expect delaying tactics until at least the current SCotUS case re:New York City is decided.

Remember IL and DC both refused to keep poking the bear because it risked getting the garbage getting taken out nationally. I'm sure the anti-gun cabal is busy having voice conferences over the weekend to coordinate a response or let the sleeping dog lie as part of a long term campaign.

Nah, they're gonna fight this one, I can see it now. Mag restrictions is one of their core policies. We aren't talking about some silly zoning issue preventing any gun shops from opening in a big dump city or something. They will die on this hill now because they won't expect the USSC to take another gun case for awhile.

While this ruling is great for us and we need more like it, I don't expect the 9th circus to let it stand.

 

[firestorm]

Nah, they're gonna fight this one, I can see it now. Mag restrictions is one of their core policies. We aren't talking about some silly zoning issue preventing any gun shops from opening in a big dump city or something. They will die on this hill now because they won't expect the USSC to take another gun case for awhile.

While this ruling is great for us and we need more like it, I don't expect the 9th circus to let it stand.

And they won't let it stand if it is appealed to them. There are no guarantees here but if SCOTUS takes this up (Assuming they want to do something for these types of law which is still up in the air) and rules that the mag ban is unconstitutional they kill a lot of laws in anti states. There will likely be a lot of pressure from those other states to not appeal if the NY gun case signals a shift in how the supreme court will handle the 2nd. Until that one is decided, nobody has any real idea and even if they go our way on that one they grant cert to very few cases and this one could be ignored as they have been doing for AWBs and mag restrictions for a long time.

 

[babygorilla]

I guess that the NRA suit in MA could point to the win in CA to support their argument. That is the only benefit I can see for us currently.

 

[Cap'n Mike]

Best thing I have read since Ceatano.

This paragraph is awesome, and its just one of the footnotes

"33
Artificial limits will eventually lead to disarmament. It is an insidious plan to disarm
the populace and it depends on for its success a subjective standard of “necessary”
lethality. It does not take the imagination of Jules Verne to predict that if all magazines
over 10 rounds are somehow eliminated from California, the next mass shooting will be
accomplished with guns holding only 10 rounds. To reduce gun violence, the state will
close the newly christened 10-round “loophole” and use it as a justification to outlaw
magazines holding more than 7 rounds. The legislature will determine that no more than
7 rounds are “necessary.” Then the next mass shooting will be accomplished with guns
holding 7 rounds. To reduce the new gun violence, the state will close the 7-round
“loophole” and outlaw magazines holding more than 5 rounds determining that no more
than 5 rounds is “necessary.” And so it goes, until the only lawful firearm law-abiding
responsible citizens will be permitted to possess is a single-shot handgun. Or perhaps,
one gun, but no ammunition. Or ammunition issued only to persons deemed trustworthy."

I would love to nominate U.S. District Judge Roger Benitez for a 2A Profiles in Courage Award, or something.

 

[LittleCalm]

One need only look to the Virginia Tech shooting. Weren’t those neutered mags? 9mm and a .22? Or maybe a combo of 10 and 15 rounders? No AR. The only reason why some of the mass shootings involved ARs is because of the tactical look. Nothing more.

 

[E.Stoner]

Reading this transcript is pure joy!