RI "high" capacity magazine ban lawsuit question

[Volunteer1918]

I think that in light of recent SCOTUS ruling there is a good chance that RI "high" capacity magazine ban will be recognized as unconstitutional. Meanwhile I spent over $200 on buying 10 round magazines and that's just a start. Does anybody have any info about timetable on the pending case in Federal court and if there is any chance to get a decision before December 2022?

 

[Volunteer1918]

I wished on a star once,...

the star is there, or I'll move out of this stinking state.I retired last year..

 

[EJFudd]

I think that in light of recent SCOTUS ruling there is a good chance that RI "high" capacity magazine ban will be recognized as unconstitutional. Meanwhile I spent over $200 on buying 10 round magazines and that's just a start. Does anybody have any info about timetable on the pending case in Federal court and if there is any chance to get a decision before December 2022?

I share your pain, but I don't think anyone can predict what the court will decide, let alone a time-frame for the decision. I hope to still be alive when the states currently disrespecting and circumventing the SCOTUS decision on Bruen get slapped down... but I'm not counting on it.

Being an honorary Rhode Islander, I've taken a keen interest in how the various RI dealers are reacting to the new law, as that is sort of an indirect way of reading the tea leaves. I don't think anyone is giving up the fight, but they are certainly preparing for the new reality and not counting on a quick and favorable court decision. It's sad to watch freedom in RI slipping away. RI has had it pretty good (2A-wise, relatively speaking) for a fairly long time.

I certainly wouldn't be modifying my standard capacity magazines just yet, but it is reasonable to be seeking out at least some factory 10-rounders right now depending on the models and vintages of your handguns. For some guns, factory 10-rounders are literally available everywhere, for other (mostly older) guns, factory 10-rounders are scarce and expensive.

 

[Volunteer1918]

I came to Rhode Island from Europe in 1989 and retired last year. Next year I'll be 62, will get my SS check to complete my retirement package. At that point it will be a decision time-stay here, move to NH or down South

 

[EJFudd]

I came to Rhode Island from Europe in 1989 and retired last year. Next year I'll be 62, will get my SS check to complete my retirement package. At that point it will be a decision time-stay here, move to NH or down South

Well, two points:

1) New Hampshire is going to be Massachusetts North at some point in the future... maybe near future, maybe distant future, but look at how neighboring Vermont went from freedom to oppression in the blink of an eye. Some said it could never happen, but it did.

2) Even for the Southern free states, the US House of Reps is going to pass a new, awful AWB. Then it will be up to the Senate. You know Biden will sign it if it passes... so moving to a more secure Southern free state is no longer a guarantee.

You were wise to invest in some 10-round magazines. Don't kick yourself for it. Oddly enough, many RI folks I know own 10-round magazines just so they can shoot in MA. Now, it's going to reverse itself and I will need 10-round magazines in order to shoot in RI.

 

[Volunteer1918]

Well, two points:

1) New Hampshire is going to be Massachusetts North at some point in the future... maybe near future, maybe distant future, but look at how neighboring Vermont went from freedom to oppression in the blink of an eye. Some said it could never happen, but it did.

2) Even for the Southern free states, the US House of Reps is going to pass a new, awful AWB. Then it will be up to the Senate. You know Biden will sign it if it passes... so moving to a more secure Southern free state is no longer a guarantee.

You were wise to invest in some 10-round magazines. Don't kick yourself for it. Oddly enough, many RI folks I know own 10-round magazines just so they can shoot in MA. Now, it's going to reverse itself and I will need 10-round magazines in order to shoot in RI.

Thank you for your reply!
1). With more money from liberal Boston pouring in NH politics, there is a great risk that it will end up with the repetition of what NYC money did in VT.
2). I am not too concern about AWB... It could be passed by Congress, but there is no way that it will get support of 60 Senators, so it will be dead in a water on the Senate floor.
Anyways, I like NH weather better than summer scorching heat down South.... I can wait another year or so and hope that by that time we'll know more about RI magazine ban situation.

 

[EJFudd]

Thank you for your reply!
1). With more money from liberal Boston pouring in NH politics, there is a great risk that it will end up with the repetition of what NYC money did in VT.
2). I am not too concern about AWB... It could be passed by Congress, but there is no way that it will get support of 60 Senators, so it will be dead in a water on the Senate floor.
Anyways, I like NH weather better than summer scorching heat down South.... I can wait another year or so and hope that by that time we'll know more about RI magazine ban situation.

I hope you are right about the US Senate and that the Godless anti-2A Dims don't pull some 51-vote work-around on us. Never trust a DimocRAT when it comes to 2A (or anything else for that matter)!

 

[pastera]

I wish the Senate would jump on the bandwagon to support this POS - it would immediately come in front of SCOTUS and Nadler's words would immediately shut it down taking state level bans with it.

 

[Volunteer1918]

I hope you are right about the US Senate and that the Godless anti-2A Dims don't pull some 51-vote work-around on us. Never trust a DimocRAT when it comes to 2A (or anything else for that matter)!

60/100 it is . That's a standard procedure..

 

[Volunteer1918]

I hope you are right about the US Senate and that the Godless anti-2A Dims don't pull some 51-vote work-around on us. Never trust a DimocRAT when it comes to 2A (or anything else for that matter)!

I like your " Godless anti-2A Dims " approach. Yes, we are facing the evil godless tribe but we are going to prevail! The latest clip of the RI "representative" twerking tells you all..

 

[Lokdog]

With what's going on in places like Cali and Colorado and judges pretty much telling those states that the mag bans are unconstitutional even if any District or Fed courts that get the RI case rule saying it's constitutional then that sets up a SCOTUS trip. Unfortunately it seems to take a dragging ass long time so hopefully eventually the RI mag ban will be reversed but it will probably take a while. Let's hope the SCOTUS stays set up the way it is for when those cases get there

 

[CC driver]

Regarding the CA mag ban the problem is (no surprise) the 9th U.S. Circuit Court of Appeals. Two CA judges on a lower panel initially ruled the hi cap mag ban unconstitutional, but then the 9th Circuit, in a 7-4 ruling, overturned the lower panel's initial ruling. My understanding of the Supreme Court's role to date is that due to the outcome of the 'Bruen' decision last June (requiring a "proper cause" for a carry permit), the Supreme Court has sent back the CA hi cap mag ban case to the 9th Circuit to reconsider their decision based upon the Supreme Court's majority opinion, which was written by Justice Thomas. In my view, even with Justice Thomas's correct and appropriate decision relative to 2A, I'm not confident that there are at least two more judges on the 9th Circuit that will abandon their ideology and side with the Constitution. In the event they overturn their initial ruling, that will certainly help us out here in RI, but we may still need a court challenge here in RI to overturn our hi cap mag ban.

For those in the know, if I've mischaracterized this process, then please feel free to provide a correction.

 

[cookiecutter]

I see that there has already been a suit filed in district court to overturn the recent ban, but I haven't been able to find it on the court's schedule. Given that this ban is already impacting businesses, I can't understand why an injunction against the ban wasn't issued immediately (the case wasn't filed until the Bruen decision was published, so they knew the ban was going to be unconstitutional). Something doesn't sound/smell right to me.

CC

 

[Lokdog]

I'm wondering if they're waiting until December, when these shit laws take affect. I know some places continue to sell standard capacity mags while others have stopped all together. I was wondering the same thing myself because you don't have to be a law school student to know these mag bans will not stand up to legal scrutiny so why they still move forward unimpeded is not making any sense

 

[cookiecutter]

The thing is that the laws don't take effect in December ... they are in effect now! The only exception is for mags that you already own ... those don't become contraband until 180 days go by, but the stores already can't sell them ... and you can't order a gun like a S&W CSX right now since they don't yet make a version that only comes with the 10 rd mags.

And mail order places already have RI on their no sell list ... I was surprised to see that PSA won't even sell a complete AR upper to RI ... why, I have no idea, but that is their current policy.

CC

 

[Lokdog]

There are more than one store that still have standard capacity magazines on their shelves.

 

[EJFudd]

There are more than one store that still have standard capacity magazines on their shelves.

Yep. Remember that the new RI law explicitly allows "pinning"... i.e., modification of mags down to 10 rounds... so there is no reason not to keep selling standard capacity magazines right up to the ban effective date.

 

[EJFudd]

I was surprised to see that PSA won't even sell a complete AR upper to RI ... why, I have no idea, but that is their current policy.

Isn't that the company that won't even sell a hat into Massachusetts due to fear of Dimples the Tyrant?

You expect them to treat RI any differently after the new crazy law the RI pols passed???

 

[pinefd]

WTF, Midway!?!

Midway is having a pretty good sale on some Wilson Combat magazines, so I thought since I had a coupon code for free shipping, I'd pick up a couple of my favorite 8 round 1911 WC magazines. When I tried to check out, I got this message:

I feel like I'm right back in MA again! !$&@%?&%^#)$&^#%@$!!!!!





Frank

 

[dhuze]

There is a hearing on November 2nd for a TRO.

 

[aiwnios]

Here is the Complaint

 

[cookiecutter]

There is a hearing on November 2nd for a TRO.

This is really good news. I am just curious where/how you learned of this ... I have been watching the calendar for the RI District Court and haven't seen anything.

Thanks,
CC

 

[dhuze]

This is really good news. I am just curious where/how you learned of this ... I have been watching the calendar for the RI District Court and haven't seen anything.

Thanks,
CC

I know a lot of people greatly involved in all this anti-gun bullshit at the statehouse and who helped write the complaint. Our gun club is affiliated with all the Pro gun factions in the state.

if you want to keep up on legislation in RI, try this site Federated RI - Home . They do more than any other organization to protect our rights.

 

[cookiecutter]

Any updates??? ... the hearing was supposed to be held at 9:30 this morning ... fingers crossed that actual constitutional law is maintained and this one gets struck down.

CC

 

[MattM]

Was moved to tomorrow afternoon

 

[cookiecutter]

Thanks for the update...

 

[cookiecutter]

Anyone hear what the outcome of the hearing was ??? I have done some searches, but can't seem to find any reports.

 

[Lokdog]

No decision from the judge. From what I heard he'll have a written decision before Dec. 18th. So the wait continues

 

[cookiecutter]

Thanks ...

 

[Lokdog]

Unfortunately for our side from what I heard from more than one person who watched the proceedings, it sounds like Ocean State tactical (Big Bear)'s lawyer sounded like it was his first case he's ever argued. Poor performance trying to state his case and painful to listen to.