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Duncan vs. Becarra (CA magazine ban case) -- Judge is awesome
- Thread starter thormx538
- Start date
Chevy 2 65
NES Member
None of this should be happening. Should've never been any ban. Do you really think SCOTUS will hear it? I don't. I guess we wait and see.
And if my aunt was a man she’d be my uncle. This lawsuit is in as a good a place as possible, given the CA laws.
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- Apr 24, 2005
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The CA law only grandfathered in pre-ban mags possessed by the person who had then in CA before the ban.
Yup, Dragon Man our in Arizona
So in a case such as this, can a plaintiff “judge shop” to get someone likely more favorable for their desired outcome? Is it just luck of the draw as to what federal judge takes each case? In the case of the feds pursuing something, they seem to do it all the time.
Whutmeworry
NES Member
I like the analogy. My personal favorite though (due to the fact I’m vertically-challenged) is - “I should have been born taller”.
FrugalFannie
NES Member
that may not happen as Trump has been appointing judges to the 9th recently. one can hope
I think that this judge has made it dramatically more likely that they take it up, both because it's so well-written and because the status quo is that much more untenable after 350k+ new standard capacity mags made it into the state.
Varmint
NES Member
So where does that leave the newly purchased mags? I don't think it matters, the state probably won't dare prosecute anyone for any mag-related charges while this case is under review.
Varmint
NES Member
Hopefully they have friends who ordered an extra case.
JRT
NES Member
I suspect you couldn't be more wrong. What the judge did would be similar to a retreat, instead of a standing his ground to die.
Amazing what he actually did, he gave those fighting in the court a leg to stand on because he declared that it was LEGAL from March 29th at 5pm to April 5th at 5PM. That is called heroic in judges circles and I guess "pussied out" by some. He took a win for gun rights by agreeing to the stay instead of overextending and pissing off the 5th.
My understanding is that they are legally possessed for now.
DarthRevan
NES Member
I think you are correct:
http://michellawyers.com/wp-content...r-Staying-in-Part-Judgment-Pending-Appeal.pdf
IT IS HEREBY FURTHER ORDERED that the permanent injunction
enjoining enforcement of California Penal Code § 32310 (a) and (b) shall remain in
effect for those persons and business entities who have manufactured, imported,
sold, or bought magazines able to hold more than 10 rounds between the entry of
this Court’s injunction on March 29, 2019 and 5:00 p.m., Friday, April 5, 2019.
Dated: April 4, 2019
I disagree. If the judge didn't grant a stay, the appellate court would have done so, and the appellate court may have granted a more sweeping stay. That is, the appellate court might have ruled that CA could go ahead with enforcing their ban on possession of pre-ban standard capacity magazines pending appeal. This stay prevents CA from doing so.
The stay doesn't mean the judge thinks that he is wrong. The stay means that the state of CA doesn't have to implement his decision pending the resolution of their appeal.
AHM
NES Member
If I got jammed up for possession of banned items
purchased after a grandfathering date,
I sure wouldn't want to have credit card records
that the state could introduce at my trial.
Cash is king.
amm5061
NES Member
I agree, and honestly, given that an appeal will be filed, a stay is totally appropriate. This is in direct contrast to the bump stock ban, where a stay is appropriate there as well but wasn't issued, 'cuz guns.'
Chevy 2 65
NES Member
You what the queen said? Not Maura.
The California AG has filed his notice of appeal. No surprise here.
This is pretty much unfolding as expected. The judge really had to issue the stay. He delivered a really strong opinion that CA9 will have to do backflips to credibly overrule. I'm hoping that the appeal is expedited give the critical safety situation that's developed due to all these new untraceable extra-killy magazine that are now in the state.
This is pretty much unfolding as expected. The judge really had to issue the stay. He delivered a really strong opinion that CA9 will have to do backflips to credibly overrule. I'm hoping that the appeal is expedited give the critical safety situation that's developed due to all these new untraceable extra-killy magazine that are now in the state.
I'd go even further, and describe it as a planned withdrawal. This judge has been on this case for years, he knew exactly how it would play out, and he planned every minute of it.
He deliberately didn't issue a stay when he issued his ruling, knowing CA would request one, and he knew that when they did (after an appropriate interval of careful consideration
![[rofl]](/xen/styles/default/xenforo/smilies.vb/013.gif "ROFL [rofl]")
) he would need to grant it. He knew the situation that would result. Effectively, he's eviscerated the high-cap mag ban for CA residents until final resolution of the case, which will take several years. CA residents will now be able to use any mags of any vintage, publicly, with nothing that the state can do about it, and at risk of contempt of court if they try.
I would also note that because he granted the stay, not only did we get a more limited stay than we would have otherwise (as M1911 says), oversight of the stay stays with this judge. So if we the state attempts any sort of enforcement against anyone, they'll have him to answer to. This guy is playing 4-D chess while CA plays hungry hungry hippos, it's just wonderful.
I live in CA now. It was a site to see, for sure.
So many LGS on board with the 1 week frenzy, doing everything they could to make inventory available (at standard pricing). The ability to buy standard pistol mags, big stick 33rnd glock mags, magpul d60 drums, 22lr drums etc was quite the event - even the little stuff such as BX-25 mags or a standard 17rnd m&p 9 mags. You could tell many were buying for guns they do not yet own. In line at some of these stores the average person was spending $400-$600. And then heading home to order more online.
Quite the week.
memes
https://www.reddit.com/r/CAguns
Gold standard LGS
View: https://www.facebook.com/1552089891684582/posts/2494244310802464?sfns=mo
So many LGS on board with the 1 week frenzy, doing everything they could to make inventory available (at standard pricing). The ability to buy standard pistol mags, big stick 33rnd glock mags, magpul d60 drums, 22lr drums etc was quite the event - even the little stuff such as BX-25 mags or a standard 17rnd m&p 9 mags. You could tell many were buying for guns they do not yet own. In line at some of these stores the average person was spending $400-$600. And then heading home to order more online.
Quite the week.
memes
https://www.reddit.com/r/CAguns
Gold standard LGS
View: https://www.facebook.com/1552089891684582/posts/2494244310802464?sfns=mo
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