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

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OK, enough fun and games. What's next for California in all this? First, what is the deal with any mags that came in during this week-long period? Can they keep them? Can they use them? What is the next step in this process, and when?

I'm very curious to see if this happens anywhere else now. First open carry, then magazine freedom. Here's to hopeful thinking!
 
OK, enough fun and games. What's next for California in all this? First, what is the deal with any mags that came in during this week-long period? Can they keep them? Can they use them? What is the next step in this process, and when?

I'm very curious to see if this happens anywhere else now. First open carry, then magazine freedom. Here's to hopeful thinking!
I’m under the impression that the items bought during the no ban week are gtg. The case will now be passed on the a higher court in the 9th circuit...

Of course I’m just an internet lawyer and graduated from NES University so someone else may correct me.
 
OK, enough fun and games. What's next for California in all this? First, what is the deal with any mags that came in during this week-long period? Can they keep them? Can they use them? What is the next step in this process, and when?

I'm very curious to see if this happens anywhere else now. First open carry, then magazine freedom. Here's to hopeful thinking!
I have the same concern for critical path. I don’t know jurisprudence very well but I expect the mags to be grandchilded in. Will this be a touchstone for other states with restrictive gun laws. Does a judge exist in MA who would take such a stand? Gee I don’t think so.
 
OK, enough fun and games. What's next for California in all this? First, what is the deal with any mags that came in during this week-long period? Can they keep them? Can they use them? What is the next step in this process, and when?

I'm very curious to see if this happens anywhere else now. First open carry, then magazine freedom. Here's to hopeful thinking!

1) it is my understanding that they can keep and use these new magazines for now. If the AG ultimately wins, all standard cap mags of any age will be banned in CA.

2) the CA AG is appealing the ruling the the federal appellate court. They will submit their appeal. The plaintiffs will respond. They will go back and forth, and that will probably last a year or more.

After the appeals court rules, the loser can choose to appeal to the appellate court en banc, or to SCOTUS. My expectation is that the loser will appeal.

There is a long way to go before this is resolved. Don’t hold your breath. We are likely looking at another couple years of litigation.
 
OK, but during that "another couple years", do they get to keep this week's magazines? Or is there something sooner that could stop that? In other words, is it all or nothing, or is there a process/possibility for thievery between now and SCOTUS?
 
OK, but during that "another couple years", do they get to keep this week's magazines? Or is there something sooner that could stop that? In other words, is it all or nothing, or is there a process/possibility for thievery between now and SCOTUS?

I already answered that above in item 1).
 
After the appeals court rules, the loser can choose to appeal to the appellate court en banc, or to SCOTUS. My expectation is that the loser will appeal.

Predictions:
If the AG wins, the petitioners will try for SCOTUS - not sure how much faith i have in the SCOTUS aligning with the words of the constitution yet, if they even take the case.
If the AG looses, the AG will request for en banc - the 9th circuit, that will go well.
 
OK, enough fun and games. What's next for California in all this? First, what is the deal with any mags that came in during this week-long period? Can they keep them? Can they use them? What is the next step in this process, and when?

I'm very curious to see if this happens anywhere else now. First open carry, then magazine freedom. Here's to hopeful thinking!
The judge who gave initial ruling gave the stay because he allowed any mags acquired to be grandfathered in until this totally resolved itself which could be years
 
Predictions:
If the AG wins, the petitioners will try for SCOTUS - not sure how much faith i have in the SCOTUS aligning with the words of the constitution yet, if they even take the case.
If the AG looses, the AG will request for en banc - the 9th circuit, that will go well.

It will go Swallwell
 
What makes this so delicious is that it was all sparked by their regulatory overreach of trying to ban legally owned grandfathered magazines.

You would have thought that "they" might have learned after Heller, (in regards for not going full retard) but the hubris is too great, apparently.

-Mike
 
There were some really good pro-Benitez memes going around, people were nicknaming him "Bushido Benitez."
 
“I think about the numerous shootings that are often stopped when someone jumps in when the shooter is reloading,” said Josh Horwitz, executive director of the Coalition to Stop Gun Violence. “For people shot by the second magazine, it really matters.”

Such as?
 
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