9th Circus Upholds Mag Ban Injunction

[Drang]

Liberal 9th Circuit surprises with pro-2nd Amendment decision blocking California ammo ban | Fox News

Second Amendment activists were given a surprise boost this week when the liberal Ninth Circuit Court of Appeals backed a lower court’s decision to suspend California’s ban on the possession of large magazines.

Activists, supported by the National Rifle Association, have argued that the state's ban on ownership of magazines holding 10 bullets or more is unconstitutional. They won a preliminary injunction by a San Diego district court last year, and a three-judge panel on the Ninth Circuit backed that injunction Tuesday.

The court found that the district court did not abuse its discretion in granting the injunction or by concluding that magazines fall within the scope of the Second Amendment.

(Yes, the lede says "ammo", not "magazine." At least they didn't say "clip" anywhere in the article...)


(Also, I found this on Twitter, where the attached photo was of an anti-SAFE Act demonstration with "Impeach Cuomo" signs. )

[RevolverRob]

Hell that's damn good news. I'm applying to a job in Kalifornistan right now.

Hopefully, this holds up and mag bans everywhere get shitcanned. Sure would be nice to not have to leave my STI in Texas if I move to California (shockingly enough, it's perfectly legal here in Chiraq).

[Clusterfrack]

Wow, that is really good news. Totally makes my day.

[VT1032]

Does it actually overturn California's entire magazine ban, or just the confiscation of grandfathered mags that was supposed to begin? I believe it's the latter.

[Drang]

The article has a link to the courts findings as published. Others here are more experienced than I at reading such, but it reads to me like it upholds the injunction against enforcing the ban, period.

[luckyman]

Aliens must have beamed up the 9th Circus and replaced them with logical beings. That's the most likely possibility I can think of.

Holy cow. Can I order mags today online next-day-delivery from anywhere that will ship to CA? Given we have something like 7 million gun owners in our state, I predict a run on standard capacity magazines.


PS not that I would actually order these without a more clear indication of legality. But man I can't wait; am worried someone will wake up and rescind this somehow.

[TGS]

Aliens must have beamed up the 9th Circus and replaced them with logical beings. That's the most likely possibility I can think of.

Holy cow. Can I order mags today online next-day-delivery from anywhere that will ship to CA? Given we have something like 7 million gun owners in our state, I predict a run on standard capacity magazines.


PS not that I would actually order these without a more clear indication of legality. But man I can't wait; am worried someone will wake up and rescind this somehow.

Maybe Magpul will stage another "Airlift"?

[RevolverRob]

Aliens must have beamed up the 9th Circus and replaced them with logical beings. That's the most likely possibility I can think of.

Holy cow. Can I order mags today online next-day-delivery from anywhere that will ship to CA? Given we have something like 7 million gun owners in our state, I predict a run on standard capacity magazines.

Just remember, an injunction against enforcing the ban does not equal "ban is unconstitutional" or "law is invalid". It means enforcement of the ban is judicially stopped. And as near as I can tell the injunction is only against Penal Code Section 32310 (c) and (d) - not (a) and (b).

(A) prevents the importation, sale, or manufacturing of a "large capacity magazine".
(B) dictates that assembling parts of a magazine constitutes manufacturing.

So, it would seem the magazine ban is still in effect - forbidding the acquisition of new "high capacity" magazines. And allowing only those owned previous to this legislation to be possessed. What the injunction does is prevent California from enforcing the criminalization of possession of any large capacity magazine, including those that were previously legal to possess.

FYI - NRA-ILA also notes that this is just an injunction victory. The constitutionality of this law is still being decided and once it is and appeals are made (by either side, I'm sure) - we'll move on. Hopefully, this can get to SCOTUS in the next couple of years and we'll get a firm ruling on magazine bans. I wouldn't be surprised to see the law ruled 'constitutional' and then every roadblock on the planet thrown in front of the case to prevent it from getting to SCOTUS. Don't get in a hurry to buy magazines, folks.

[luckyman]

Yep was getting ready to post essentially the same update.

[GardoneVT]

Put away the champagne folks. All this ruling does is determine whether the court which issued the injunction could do so.