9th Circuit puts CA Hi Cap Magazine Ban on hold

[bushmaster1313]

The District Court in California entered a preliminary injunction stopping the start of the California High Capacity Magazine Ban until the District Court can hear and decide on the Constitutionality of the law.

On July 17, 2018 the Ninth Circuit upheld the preliminary injunction and sent it back to the District Court to hear the evidence and make a final decision, at which point the Ninth Circuit will probably have the chance to hear the appeal and decide for itself the merits of the case.

The
text of the Ninth Circuit Decision is here

The Ninth Circuit decision is very narrow and goes out of its way to state that they are not looking to the merits of the case at all.

rather [we] “determine only whether the
district court correctly distilled the applicable rules of law and exercised
permissible discretion in applying those rules to the facts at hand.”

With regard to whether a preliminary injunction should be granted to DELAY the start of the High Capacity magazine ban on 2A grounds, the Ninth Circuit held:

[In this appeal, the State of California did not] establish that
the district court’s findings of fact and its application of the legal standard to those
facts were “illogical, implausible, or without support in inferences that may be
drawn from facts in the record.”

On whether a preliminary injunction should be granted to DELAY the law on the takings issue, the Ninth Circuit held that

[it was not “illogical,” “implausible,” or
“without support in inferences that may be drawn from the facts in the record.” to conclude that under the law “California will deprive Plaintiffs not just of the use of their property, but of possession,”

Because there will not be any disputed issues of fact, the Ninth Circuit will get to make up it's own mind after the District Court makes its final decision.

IMHO, nothing good will ever come out of the Ninth Circuit on the RTKBA, and on a full record the Large Capacity Magazine will be upheld, at least by the Ninth Circuit, who will not be required to give any deference to the district court's interpretation of the law or the district court's application of the law to the facts.

 

[fordson]

So, basically what you’re saying is that this is a legal technicality and once all the “T’s” are crossed and “I’s” dotted, the law will probably go into effect. Did I get that right?

 

[bushmaster1313]

So, basically what you’re saying is that this is a legal technicality and once all the “T’s” are crossed and “I’s” dotted, the law will probably go into effect. Did I get that right?

Yes

The Ninth Circuit has already held that the 2A does not protect the right to carry a handgun outside the home.

IMHO, regardless of what the District Court does in its final decision, I believe the Ninth Circuit will uphold the ban in California on magazines with greater than 10 rounds.

The upholding of the preliminary injunction means that while the district court is making its final decision California residents with magazines over 10 rounds do not have to get rid of them under the new law. Whether they are or are not allowed to be purchased I have no idea.

 

[Westie1]

Starting in 2000, normal mags were no longer legal to be sold here. Came into effect the same time as the federal ban, but didn't have an expiration data like the fed had.

 

[fordson]

By “normal” you mean mags with a capacity in excess of 10 rounds?
What is the current mag limit?

 

[Nevada Ed]

A Bolt rifle usually will hold just five rounds.

Just be lucky that you can get ten rounds in your new toys.

I think that only LE type, should be able to carry 10+ mags.
It would help in the "War Games" that are going on here.

Sorry but that is where I stand.

 

[cmj8591]

So Ed, why stop at 10? How about limiting it to 8 or 6 or 1 for that matter? Where is the floor when you start prohibiting someones rights? I'm not sure what you think is accomplished by limiting a magazines capacity.

 

[LVSteve]

I think that only LE type, should be able to carry 10+ mags.
It would help in the "War Games" that are going on here.

Sorry but that is where I stand.

As somebody who came here from the UK, all I can say is this:

Don't let them get a foot in the door in any way, shape or form. In other words, don't let them restrict OUR choice in capacity or type of firearm that is not full auto.

 

[Westie1]

By “normal” you mean mags with a capacity in excess of 10 rounds?
What is the current mag limit?

Currently, the capacity limit on mags is 10rds. Only exception is mags that were owned prior to 2000. Those were grandfathered in as being legal.

 

[tlay]

And WHO can tell a pre 2000 mag from a newer one??

 

[wittmeba]

Some good information.

AR-15 not a weapon of war declared by government.
https://www.breitbart.com/big-government/2018/07/23/government-admits-ar-15s-not-weapons-war/

2nd amendment appeal:
https://www.breitbart.com/big-gover...-moves-rescue-second-amendment-appeals-court/

Open carry.
https://www.breitbart.com/california/2018/07/24/ninth-circuit-open-carry-second-amendment/

 

[Westie1]

And WHO can tell a pre 2000 mag from a newer one??

Depends on the firearm. Post 2000 MSR mags are dated. Pre 2000 mags were either in the hands of owners, or illegally brought in after 2000. And people who had pre ban mags didn't sell them. Since you couldn't buy replacements or parts that could be used to make mags. As to handguns, little more complicated. Any handgun sold after the ban was enacted, was sold either with no mags or with 10rders. And since handguns have to be registered, and that was required prior to the ban, getting caught with +10's for a gun registered after the ban means you have to prove you had them prior to the ban.

As to Nevada Ed, hopefully he never has to depend on LE answering his call. They may not show up, and that's legal in a lot of places. See Warren v DC. Also Gonzales v Castle Rock.

 

[handejector]

The topic here is the CA restrictions on magazines.
Stay on topic.


This forum is more about information than discussion.....

 

[mrchuck]

We even find "California restricted capacity" magazines out here in Texas Gun Shows!
So, really check closely as to what you are purchasing.

 

[345sire]

And WHO can tell a pre 2000 mag from a newer one??

What's next, serial numbers on magazines? That would help them date the mags. We have already seen attempts at doing it with individual cartridges. So far, at least THAT hasn't passed. GRRR!!

 

[345sire]

Depends on the firearm. Post 2000 MSR mags are dated. Pre 2000 mags were either in the hands of owners, or illegally brought in after 2000. And people who had pre ban mags didn't sell them. Since you couldn't buy replacements or parts that could be used to make mags. As to handguns, little more complicated. Any handgun sold after the ban was enacted, was sold either with no mags or with 10rders. And since handguns have to be registered, and that was required prior to the ban, getting caught with +10's for a gun registered after the ban means you have to prove you had them prior to the ban.

As to Nevada Ed, hopefully he never has to depend on LE answering his call. They may not show up, and that's legal in a lot of places. See Warren v DC. Also Gonzales v Castle Rock.

Post 2000 MSR mags are dated.

Are we taking about magazines sold specifically in Ca? Or in general?
Some Rollermag 15 rounders don't seem to have anything that looks like a date, whereas a 10 round Hera mag has a small molded circle with what could be a date code. An arrow pointing at a number on the perimeter, perhaps signifying year of manufacture. Some Korea made 30 rounders seem to be similar, so,,,,,,
These and others were definitely last purchased within the last decade. Whether or not they were originally sold to the original buyer/re-seller sooner than that or not I can't say.

(seen on magazines of a friend in firearm friendly Pennsy.)