California officials seek delay on ruling allowing high-capacity gun magazines

[ansible]

Source: KCRA

It appears the shipment of high-capacity ammunition magazines into California has started for the first time in nearly two decades after a judge tossed out a ban on sales and purchases of the items, the state attorney general said Tuesday. Attorney General Xavier Becerra asked a federal judge to delay implementing the ruling while he appeals it.

U.S. District Judge Roger Benitez in San Diego said Friday that a law that bans possessing, buying or selling any magazines holding more than 10 bullets infringes on the Second Amendment right to bear arms. With the ban lifted, even temporarily, Becerra said in a court filing that "there is evidence that sales have begun already."

Chuck Michel, an attorney for the NRA and the California Rifle & Pistol Association who filed the lawsuit that led to the ruling, agreed with Becerra that it allows individuals to legally acquire high-capacity magazines. "There's dealers advertising them now and there are chat rooms where people are discussing buying them and we're getting calls from dealers asking what's legal to acquire," Michel said. "The gray area is, what will the status of these magazines acquired during this window be if the stay is reinstated?" Michel said.

If the 9th U.S. Circuit Court of Appeals reinstates the ban and a 2016 law outlawing possession, Michel said, buyers could be legally required to give up their newly acquired high-capacity magazines. However, Becerra warned in his court filing that it would be difficult for the state to remove the magazines, even if the ban is reinstated. Becerra said in a statement that California leads the nation when it comes to gun safety and refuses to go backward.



Read more: https://www.kcra.com/article/california-high-capacity-gun-magazines-ruling-delay/27023552

[SunSeeker]

1. I hope Becerra wins in the 9th Circuit. Fuck the NRA and gun humpers.

No civilian should own a magazine larger than 10 rounds.

[Socal31]

2. He might not want that.

If the SCOTUS grants cert, it is likely at least a 5-4, and with Judge Benitez' ruling, it could have massive implications for multiple gun laws nation wide.

[SunSeeker]

5. So just declare defeat now? Not even try? WTF

Large capacity magazines have no business in civilian hands. There is a chance Roberts would agree, and we only need one conservative to win at the Supreme Court.

[Polybius]

6. It's a tough decision

Losing a ruling in one state is better than losing all 50. It's a big risk with Roberts, who was very conservative in the death penalty ruling last week. I'd put at at 60-40 on their side on this one. The rest of the conservatives are hopeless.

[SunSeeker]

7. By giving up now, it's a 100% chance we lose.

By refusing to appeal, it wil be seen as conceding that the lower court's ruling would be upheld by SCOTUS.

[inwiththenew]

3. That judge opened Pandora's box

For one thing there are now high capacity magazines shipping into the California. Multiple gun parts websites are openly advertising they will ship to California now. On top of that if California does win in the 9th Circuit this will likely make it up to the Supreme Court which very well could rule 5-4 against California and if that happens hold on because any state with a magazine ban will now be in limbo.

[Purrfessor]

4. The same thing will happen if Roe v Wade is overturned...

States’ rights mean nothing to Republicans. Saying let states decide is a canard.

[hardluck]

8. District Court issued the stay today

But allowed a grace period until 5pm tomorrow for the stay to issue for those that have purchased magazines since his ruling last Friday. By some accounts, over a million magazines have been purchased since last Friday. Also, the stated filed its notice of appeal.