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

According to the Federal Rules of Civil Procedure, there doesn't appear to be a time limit: Rule 8. Stay or Injunction Pending Appeal

Under Rule 8, "[a] party must ordinarily move first in the district court", unless "impracticible" (clearly not so in this case). Having made the motion, if "the district court denied the motion or failed to afford the relief requested", they can appeal to an appellate panel, but there are built-in due process requirements there (notice, etc).

So in theory the judge could delay a ruling on the motion for as long as he'd like, but at a certain point it would be likely that the 9th Circus would take it up under the auspices of the judge "fail[ing] to provide the relief requested". My guess would be the 9th wouldn't take it up for at least a few weeks if the DC chooses to delay.
 
Coyote33 said:
Wikipedia still lists the ban:
High-capacity magazine ban - Wikipedia
"California (currently unenforceable due to Federal Court ruling)"

There is a link below where you can "send feedback". I just said it is wrong and untrue.
Click to expand...
You do know that wikipedia content is created primarily by volunteers and the only real vetting is the other volunteers, right?
Sign up and you can edit the page yourself.
 
Fabulous investigative reporting. Referencing a mass killing in CA, the Gifford’s Center concludes everyone killed by a bullet from a gun with a magazine with >10rd capacity would be alive today if magazines were restricted to 10rd maximum... Oops, they neglected to consider the recent mass killing where the killer used 10rd magazines.

What’s the new ALICE drill in states with 10rd mag laws? Active Shooter! Lock down, count 10 shots, rush the shooter. If you hear (or feel) an 11th round hide again until they get to 20rd, then rush them again. Repeat until dead (you or them). The law gives you “a chance” they say. Far better a chance than armed citizens and school staff who might shoot innocent children rather than the killer. It’s “an accidident waiting to happen” in the hundreds of schools in 20+ states that have allowed teachers to carry for years. Waiting to happen while mass killers attack gun free zones.

“Before he could be subdued, a 9-year-old girl was shot and killed by his 13th bullet,” he said, referring to Christina Taylor-Green. Had the shooter had a 10-round magazine, “that little girl would probably be alive today,” Freilich said.
‘This opinion is not normal’ — Gun control advocates criticize high capacity magazine ruling
 
This is why the antis will lose, they cant change history, or the actual reason the Second Amendment exists.

‘This opinion is not normal’ — Gun control advocates criticize high capacity magazine ruling

"Freilich also voiced concern over Benitez’ citation of colonists rebelling against the British as justification for large-capacity ammunition magazines being allowed in the hands of the public."


“The judge does at times suggest that military style weaponry may be the most protected by the Second Amendment,” he said. “He was citing the ability to make war against the government, which is something I think is absurd and dangerous.”
 
Cap'n Mike said:
“The judge does at times suggest that military style weaponry may be the most protected by the Second Amendment,” he said. “He was citing the ability to make war against the government, which is something I think is absurd and dangerous.”
Click to expand...
Statist gonna state.
 
42! said:
You do know that wikipedia content is created primarily by volunteers and the only real vetting is the other volunteers, right?
Sign up and you can edit the page yourself.
Click to expand...
Sign, schmign. Anonymous users are already edit-warring on the page.

MaverickNH said:
What’s the new ALICE drill in states with 10rd mag laws? Active Shooter! Lock down, count 10 shots, rush the shooter. If you hear (or feel) an 11th round hide again until they get to 20rd, then rush them again. Repeat until dead (you or them).
Click to expand...
90361.jpg

Available in the 55 Gallon Drum O' Felonies at the Barn Store of New England.
 
Reason magazine has a great analysis:

HIT & RUN BLOG
Here Is Why a Federal Judge Nixed California's Ban on 'Large Capacity Magazines'

On Friday evening, a federal judge in San Diego blocked enforcement of California's ban on magazines that hold more than 10 rounds, deeming it inconsistent with the Second Amendment right to keep arms for self-defense. U.S. District Judge Roger Benitez concluded that "California's law prohibiting acquisition and possession of magazines able to hold any more than 10 rounds places a severe restriction on the core right of self-defense of the home such that it amounts to a destruction of the right and is unconstitutional under any level of scrutiny." Benitez, who in 2017 issued a stay that prevented the law from taking effect, also agreed with the plaintiffs that the ban amounts to an unconstitutional taking of property without compensation.... snip
 
MaverickNH said:
Fabulous investigative reporting. Referencing a mass killing in CA, the Gifford’s Center concludes everyone killed by a bullet from a gun with a magazine with >10rd capacity would be alive today if magazines were restricted to 10rd maximum... Oops, they neglected to consider the recent mass killing where the killer used 10rd magazines.

What’s the new ALICE drill in states with 10rd mag laws? Active Shooter! Lock down, count 10 shots, rush the shooter. If you hear (or feel) an 11th round hide again until they get to 20rd, then rush them again. Repeat until dead (you or them). The law gives you “a chance” they say. Far better a chance than armed citizens and school staff who might shoot innocent children rather than the killer. It’s “an accidident waiting to happen” in the hundreds of schools in 20+ states that have allowed teachers to carry for years. Waiting to happen while mass killers attack gun free zones.

“Before he could be subdued, a 9-year-old girl was shot and killed by his 13th bullet,” he said, referring to Christina Taylor-Green. Had the shooter had a 10-round magazine, “that little girl would probably be alive today,” Freilich said.
‘This opinion is not normal’ — Gun control advocates criticize high capacity magazine ruling
Click to expand...

I love the logic .
As if there is an acceptable number of dead kids.
Ten is ok , but 13 is just over the top . [rolleyes]
How about none if someone there could have shot his ass dead before he got rolling ?
 
I would buy a case or two of P-mags if I lived there. We did a group buy here and got Gen 2's for $9.25 each by the case.

Malodave

Current offer after quick search:
Case of 100 MAGPUL GEN M2 MOE Black PMAG 30 Round .223/5.56 AR-15 Magazines
MAGPUL
$899.99
 
Cap'n Mike said:
‘This opinion is not normal’ — Gun control advocates criticize high capacity magazine ruling
Click to expand...

"Freilich worried about what would happened if Benitez’ rhetoric was followed “to its logical conclusion,” asking if the judge also believed restrictions should be lifted on machine guns, tanks and grenade launchers."

One can legally own a machine gun, just need the $$$ and the paper work to buy something 30+ years old.
Is there anything preventing a civilian from owning a tank or grenade launcher? ( other than the cash aspect of course)
 
The judge actually addressed the tank/rocket launcher/nuke red-herring argument in the decision.
Seeing how these items often get paired with 'military style' weapons in specious wanking, it's great that he specifically neutered that argument.

In his opinion, Benitez wrote that “because machine guns, like grenades and shoulder-fired rocket launchers, are not commonly possessed by law-abiding citizens for lawful purposes, they are specific arms that fall outside the safe harbor of the Second Amendment.”
 
Masswhole said:
The judge actually addressed the tank/rocket launcher/nuke red-herring argument in the decision.
Seeing how these items often get paired with 'military style' weapons in specious wanking, it's great that he specifically neutered that argument.

In his opinion, Benitez wrote that “because machine guns, like grenades and shoulder-fired rocket launchers, are not commonly possessed by law-abiding citizens for lawful purposes, they are specific arms that fall outside the safe harbor of the Second Amendment.”
Click to expand...

I respectfully disagree with the judge’s logic here. The judge made the point succinctly that CA’s ban on SCM’s resulting SCM’s not commonly owned cannot be a justification to the ban (I had to look up what ‘tautology’ means). While tanks are priced beyond widespread ownership, what is to say shoulder-fired rocket launchers wouldn’t sit in your average NESer’s safe if there weren’t hefty legal red tape for owing a few? I know machine gun ownership will be approaching 100% in NES crowd were NFA and bunch of other laws repealed.

I believe the judge most likely believes ‘Heck, individuals have every right to own RPG’s’, but he had to be prudent in that he doesn’t push the envelope too far beyond the topic on hand.
 
Last edited:
June4th said:
There’s no law prohibiting owning tanks either. It’s just that each shell needs approval and a $200 explosive tax stamp. (I think, lol, never researched seriously [laugh])
Click to expand...

Not entirely true, you can make ballistic only ammunition for them that doesn't qualify as an exp-dd. Most of the guys with tanks, howitzers, etc, that load their own stuff use a big chunk of formed lead or some other projectile. Still not cheap to shoot though, but no reporting requirements.

-Mike
 
Anyone can already own a tank, and you don’t even need a $200 tax stamp if you deactivate the cannon. The cannon costs $200 if its functional, as do each and every explosive round.

If I’m not mistaken you might have a hard time legally driving on public roads though, since they are tracked vehicles. You can also get an “armored car” which has real wheels but also a cannon and then register is to be driven on public roads.

Driving/firing a tank is on my bucket list.
 

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