California's "High Capacity" Magazine Ban Overturned!

Except when the regime decides to blatantly ignore all legal constraints and exercises raw power. I wouldn’t put it past the puppet masters to declare an emergency and flat out ignore the constitution, congress and the courts.

From: Massachusetts Bill HD.4420 "An act to modernize gun Laws"


The rule of law was forfeited when an era of emergency edicts began. Now it’s just getting to its logical conclusion.
Nothing is absolute unless it serves interests of the ruling regime.
 
The appeals court will keep the stay of the decision which will give our side an opportunity to appeal to SCOTUS to lift the stay. We will do the same thing the justice department lawyers did with the TX vs ATF decision: appeal to a friendly judge.
At this point, if SCOTUS lifts the stay, CA will have a "freedom year" or whatever time it will take for an appeal to wind its way through the appeals court. It also means SCOTUS will "nudge" the appeals court to use proper analysis when reviewing the case.
If SCOTUS does not lift the stay, they will most likely move to review the case themselves at which point there will be a clear difference of opinions between various districts and SCOTUS will put a smack down all these stupid bans.
That is unless Thomas retires and dems will put appoint another anti-2A activist on the court...
 
The appeals court will keep the stay of the decision which will give our side an opportunity to appeal to SCOTUS to lift the stay. We will do the same thing the justice department lawyers did with the TX vs ATF decision: appeal to a friendly judge.
At this point, if SCOTUS lifts the stay, CA will have a "freedom year" or whatever time it will take for an appeal to wind its way through the appeals court. It also means SCOTUS will "nudge" the appeals court to use proper analysis when reviewing the case.
If SCOTUS does not lift the stay, they will most likely move to review the case themselves at which point there will be a clear difference of opinions between various districts and SCOTUS will put a smack down all these stupid bans.
This idea is all based on what.
 
The appeals court will keep the stay of the decision which will give our side an opportunity to appeal to SCOTUS to lift the stay. We will do the same thing the justice department lawyers did with the TX vs ATF decision: appeal to a friendly judge.
At this point, if SCOTUS lifts the stay, CA will have a "freedom year" or whatever time it will take for an appeal to wind its way through the appeals court. It also means SCOTUS will "nudge" the appeals court to use proper analysis when reviewing the case.
If SCOTUS does not lift the stay, they will most likely move to review the case themselves at which point there will be a clear difference of opinions between various districts and SCOTUS will put a smack down all these stupid bans.
That is unless Thomas retires and dems will put appoint another anti-2A activist on the court...
I think it is highly unlikely that SCOTUS would lift the stay.
 
SCOTUS has reviewed the case and appeals already. The case was GVR'ed back to the district via he 9CA and Judge Benitez has reaffirmed his original ruling. This is not an endless loop.


The appeals court will keep the stay of the decision which will give our side an opportunity to appeal to SCOTUS to lift the stay. We will do the same thing the justice department lawyers did with the TX vs ATF decision: appeal to a friendly judge.
At this point, if SCOTUS lifts the stay, CA will have a "freedom year" or whatever time it will take for an appeal to wind its way through the appeals court. It also means SCOTUS will "nudge" the appeals court to use proper analysis when reviewing the case.
If SCOTUS does not lift the stay, they will most likely move to review the case themselves at which point there will be a clear difference of opinions between various districts and SCOTUS will put a smack down all these stupid bans.
That is unless Thomas retires and dems will put appoint another anti-2A activist on the court...
 
The stay is to allow the CA AG to inform LE agencies of the change in the law. The AG might appeal, but the 9CA is unlikely to extend it or conduct another round of hearings. Unless they enjoy getting spanked by SCOTUS.

Don't bother. There is a stay on the ruling going into effect for 10 days, to give CA time to appeal. CA will appeal, so back to the appellate court and round and round we go.
 
Exactly. This applies to California laws...Beacon Hill doesn't care about that. And it's assumed the appeal will go the way the video suggests...I hope he's right, but I'm not convinced. My hope is that perhaps another judge will hear similar here and rule similarly.

RI's limit was heard...no problem...Public safety was cited...totally flew in the face of SCOTUS. Still have a mag limit of 10 until someone decides otherwise and prolly will until I'm collecting SSI.
And the way that idiot judge let this law stand makes it ripe for a trouncing. The RI AG's office argued that this does not infringe on RI rights because people can "modify their existing mags down to 10 rounds" and everyone is good to go except the law is written that "any detachable magazine with a removable floor plate that can be "modified" into accepting more than 10 rounds is considered illegal!!?!! It will be interesting how high this case goes in the court system because out of all the states with mag bans, RI's is the most retarded by far
 
Given that it was the same judge who struck it down pre NYSRPA, this was 100% expected.

What happens next is the decision gets stayed pending appeal to the 9th circuit. It then goes through at least one, but more likely two rounds of appellate decisions. Only if it makes it to the Supreme Court would it apply to Mass.
Somehow I think California may just let this one stand to only effect California.
They know if they appeal it will at the very least affect the 9th but likely go to SCOTUS and kill mag limits across the US
 
Somehow I think California may just let this one stand to only effect California.
They know if they appeal it will at the very least affect the 9th but likely go to SCOTUS and kill mag limits across the US
I don't think California politicians care all that much about the rest of the 9th circuit, and Bonta's political ambition won't let that happen.
 
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The appeals court will keep the stay of the decision which will give our side an opportunity to appeal to SCOTUS to lift the stay. We will do the same thing the justice department lawyers did with the TX vs ATF decision: appeal to a friendly judge.
At this point, if SCOTUS lifts the stay, CA will have a "freedom year" or whatever time it will take for an appeal to wind its way through the appeals court. It also means SCOTUS will "nudge" the appeals court to use proper analysis when reviewing the case.
If SCOTUS does not lift the stay, they will most likely move to review the case themselves at which point there will be a clear difference of opinions between various districts and SCOTUS will put a smack down all these stupid bans.
That is unless Thomas retires and dems will put appoint another anti-2A activist on the court...
SCOTUS hasn't exactly been ruling on lifting stays of gun regulations for a while now, just last month they kept the ghost gun regulations in place, so I'm not holding out any hope that SCOTUS would lift a stay on magazine capacity laws.

However, if the stay is not lifted then the 9th Circuit can slow walk the appeal for years, if not decades as that is a tactic it has been using for a long time, one I'm sure SCOTUS is aware of. Ghost guns and bump stocks are very fringe for the average American, but magazine capacities are as common as it gets in use, so I see no reason why SCOTUS wouldn't lift a stay other than because they mostly side with the police state that the country has become.

Thomas will never allow Biden to nominate his replacement.
 
And the way that idiot judge let this law stand makes it ripe for a trouncing. The RI AG's office argued that this does not infringe on RI rights because people can "modify their existing mags down to 10 rounds" and everyone is good to go except the law is written that "any detachable magazine with a removable floor plate that can be "modified" into accepting more than 10 rounds is considered illegal!!?!! It will be interesting how high this case goes in the court system because out of all the states with mag bans, RI's is the most retarded by far
I call it Retard Island for a reason...
 
I don't think California politicians care all that much about the rest of the 9th circuit, and Bonta's political ambition won't let that happen.
Democrats always have to appeal to their base. If Bonta sits on his hands then in a primary for governor or senator an AOC type would pull this out and say that he failed to protect "duh childrenz from gun vilants!" and he'd be booed off the stage by Moms Demand Anal Action and Everytown.
 
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