California's "High Capacity" Magazine Ban Overturned!

[Blackmore]

I don't believe so

 

[Fixxah]

Mass only copies cali laws that erode our rights.

 

[40 Creedmoor fan]

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.

I hope you are right.

 

[CatSnoutSoup]

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.

Yes, in fact it was remanded by SCOTUS back to the 9th Circuit Court of Appeals, but instead of doing their assigned due diligence they thought they would be cute and waste time by opting to send it back down to the guy who got it right in the first place, Benitez.
If this thing makes it back before SCOTUS from the 9th Circuit again without text, history and tradition being applied to the ruling they are going to be none too pleased.

And I don’t know that we can 100% rule out SCOTUS ruling in favor of the plaintiffs in opposing a continuation of the stay beyond the current 10 days, if that were to be brought before them. I mean they might say this law has twice been ruled unconstitutional and the plaintiffs are likely to succeed on the merits - that’s why we sent it back to you in the first place. (Not likely but you can’t rule it out)

 

[1sern]

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

View: https://www.facebook.com/BigBearRI/videos/3066410510169663/

No info on it since the hearing on 9/11

 

[T-Unit]

View: https://www.facebook.com/BigBearRI/videos/3066410510169663/

Not much info on it since the hearing on 9/11

I think Will (guy on left) is right, the 1st Circuit is looking at the case and they're seeing that the RI District Judge didn't use Bruen as the standard and is going to remand the case back to him. If Bruen was properly applied then the magazine law wouldn't stand up to strict scrutiny and would have to be struck down, which if not appealed would make the case only applicable to RI and not the 1st Circuit as a whole.

IDK if Circuit courts can remand a case back to District, but if so that would be great because as long as Judge Irish Fukkwad here in Retard Island doesn't pull the same shit, the law will be struck down at the District level.

I'll run this theory by Will next time I talk to him, probably when I get a transfer for something.

 

[1sern]

Still speculation though, nothing definite.
BTW are you sure he's Irish and not a Canuck? McConnell is more of a Scottish name and most New England Scottish (and French and some English) are Icebacks

 

[67ray]

The stay is necessary to maintain some continuity while the appeal is written. It's not unusual and in fact it supports our side because without it, the Defendants can claim serious or irreparable harm which wold only make decisions scrutinized that much more. And, give them further avenues for attack and appeal.

 

[TZCHRIS]

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.

Too late, hit the road yesterday.

 

[Coyote33]

Too late, hit the road yesterday.

Who hit the road? You? The 2 guys? Not sure what this means.

 

[Picton]

Who hit the road? You? The 2 guys? Not sure what this means.

Scroll up. Bonta filed his notice to appeal already. So the stay was about eight days longer than it needed to be, lol.

 

[TZCHRIS]

Who hit the road? You? The 2 guys? Not sure what this means.

Yup, me, hit the road yesterday. Now I'm stuck in the Alabama welcome center with a blowout in my RV. So if you're wanting for me in Cali, I'm running late!

 

[CatSnoutSoup]

Good plain language analysis.

 

[Coyote33]

It is kind of disingenuous, isn't it?

Shouldn't it say "Magazine Bans Under Appeal"?

 

[Joeldiaz]

It is kind of disingenuous, isn't it?

Shouldn't it say "Magazine Bans Under Appeal"?

Yeah but that’s not clickbaity enough

 

[Ron Jablonski]

It is kind of disingenuous, isn't it?

Shouldn't it say "Magazine Bans Under Appeal"?

I'm grateful for all the pro 2a content on YouTube but the click bait titles and thumb nails are really starting to get on my nerves.

 

[40 Creedmoor fan]

In all honesty, I am rooting for this case to make it all the way up to SCOTUS and its ruling that any limits on gun components/parts are unconstitutional.

I am tired of doubling up on hearing protection just so I can shoot indoors!
I am tired of muzzle breaks that blow EVERYTHING off the tables at the range! I want suppressors!
I am tired of pre-ban mags that fail to feed properly in riles. I want mags that work!!!!
I am tired of the crippled 10rd mags that are too small to fit into ANY mag holders! Utter garbage!
I'm tired of being made fun of when I go to other states!
I am tired of losing my hearing because clowns on Beacon Hill watch too many idiotic Hollywood movies!
I am tired of being called a murderer for wanting to own the same stuff the rest of Americans own!
I am tired of being a Massachusetts cripple!

 

[Rob Boudrie]

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

The RI AG's office also claims that they may continue their "may issue" carry permit policy, since the town permit option is an available "shall issue" option.

One detail that could be an attach surface though - the AG permit is the only one that allows open carry; the town permit does not.

 

[ddeck]

It is kind of disingenuous, isn't it?

Shouldn't it say "Magazine Bans Under Appeal"?

Considering the video came out yesterday and the appeal also came out yesterday, I don’t think it is disingenuous.

It would be clickbait if there was no substance to the video, but there is. He goes through alot of the text of the ruling

 

[T-Unit]

The RI AG's office also claims that they may continue their "may issue" carry permit policy, since the town permit option is an available "shall issue" option.

One detail that could be an attach surface though - the AG permit is the only one that allows open carry; the town permit does not.

Is it written in RI law that towns can't issue a permit for open carry or is it just something they don't do? Wondering if the legislature would even consider passing a law to change that meaning it's very likely the AG's may issue scheme is going to be struck down and waste taxpayers even more money.

 

[Rob Boudrie]

Is it written in RI law that towns can't issue a permit for open carry or is it just something they don't do? Wondering if the legislature would even consider passing a law to change that meaning it's very likely the AG's may issue scheme is going to be struck down and waste taxpayers even more money.

The law defines what the permit allows. It's not like there is a space for a reason for issuance or restriction.

Curiously, for RI residents a town permit bypasses the state waiting permit but an AG permit does not.

 

[T-Unit]

The law defines what the permit allows. It's not like there is a space for a reason for issuance or restriction.

Curiously, for RI residents a town permit bypasses the state waiting permit but an AG permit does not.

Again, Retard Island.

 

[1sern]

Good plain language analysis.

So, like Scalia, Benitez is flawed too.

 

[whatluck]

Not giving them a nickel either

If you run ublock origin they dont get any money

 

[GL2020]

Again, Retard Island.

Dude right there with you.

A mass of differing regulations with no rhyme a reason. All seem to be an artifact of towns being forced to issue permits when they could previously just toss it to the AG's office who would summarily deny apps in most cases.

Every town has their own process/procedure...and it's clear some towns want to make it more difficult that others. It baffles me that the General Assembly cannot have one process...."Here you use this application and charge this fee, and no, you can't require extra shit". I know it has been proposed at least a couple times but it seems they like the insanity of the current system.

Qualify and wait for a town like Foster with relatively little headache (other than the wait), or apply in a town like Cumberland or Westerly and be prepared to submit medical releases and have a prostate exam. Makes me nuts. These towns "think" they're making their towns safer and all they're doing is driving people to other towns.

And the live fire test itself screams "We don't want people to have guns". It's a ridiculous hurdle. The only thing they do right IMO is allow ownership in ones home or business with not much more than a blue card...any breathing person that can read should be able pass that test. But still the NICS check should be sufficient.

Now blue card needed to buy ammo....waiting for background checks for ammo purchases because stupid ideas catch on.

 

[Rob Boudrie]

Qualify and wait for a town like Foster with relatively little headache (other than the wait), or apply in a town like Cumberland or Westerly and be prepared to submit medical releases and have a prostate exam. Makes me nuts. These towns "think" they're making their towns safer and all they're doing is driving people to other towns saving themselves work.

FIFY

 

[GL2020]

FIFY

Really think its a case of they don’t want to be bothered issuing because it’s work or because some chiefs are just pedantic about who gets LTC’s?

regardless same state…should have at least a uniform process IMO. If Foster can make it work with a small force I’m sure Cumberland/Westerly and the other PITA towns could too. Crazy idea I know.

 

[Pete85]

Will this affect MA before pigs fly? I say no….

Pigs already fly, so...

 

[Pete85]

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.

Attorney General Bonta Vows to Appeal District Court Decision on Large-Capacity Magazines; Will Continue to Defend California’s Commonsense Firearm Laws

SACRAMENTO — California Attorney General Rob Bonta today issued the following statement in response to a district court decision striking down California’s large-capacity magazine (LCM) ban. The U.S. District Court for the Southern District of California found the large-capacity magazine ban...

oag.ca.gov

According to the CDC, California’s gun death rate was the 44th lowest in the nation and the gun death rate for children is 58% lower than the national average.

The 44th lowest and 58% below the national average? What are the six states that have a higher gun death rate than California and how bad is the murder rate in those states that the push the average so high that the 7th highest state is 58% below the national average? The article is bullshit enough already pushing the 41,000 gun deaths a year number, 2/3 to 3/4 of them being suicides, which a standard capacity magazine ban would have no effect on.

 

[Rob Boudrie]

The 44th lowest and 58% below the national average? What are the six states that have a higher gun death rate than California and how bad is the murder rate in those states that the push the average so high that the 7th highest state is 58% below the national average? The article is bullshit enough already pushing the 41,000 gun deaths a year number, 2/3 to 3/4 of them being suicides, which a standard capacity magazine ban would have no effect on.

The real metric would be "how many gun deaths were caused by rounds that exited the gun after the 11th round without reloading", then exclude suicide, law full shootings, etc. You would them run into confusion as people would confuse something like ".02%" with "two percent".