Some good news for California, for a change

[SDW]

And the ruling may ultimately affect all states in a similar situation. Magazine ban finally overturned---again!:

https://www.usnews.com/news/us/articles/2023-09-22/federal-judge-again-strikes-down-california-law-banning-high-capacity-gun-magazines

One highlight of the ruling:

Until the Supreme Court clearly says otherwise, commonly owned weapons that are useful for war and are reasonably related to militia use are also fully protected, so long as they are not useful solely for military purposes. Firearms with magazines holding more than 10 rounds are such reasonably-related arms.

The only negative thing is that the Judge applied a 10-day stay on his injunction. I guess that's not uncommon. Or he got his hand slapped by his higher-ups for how the last ruling turned out.

[SDW]

Ah hell, here's a video from Mr. Gunsngear.

[Zeneffect]

10 day stay was expected to prevent an emergency appeal.

Tick tock. This impacts me directly.

https://youtu.be/4kPROVMz4I0?si=Qp6f9nKHemhSC_wY

[SDW]

Thanks Zeneffect. That's actually the video I went looking for. I'd started watching it earlier today. Found MGAG's first.

I don't actually have too much of a wish list, once it goes into effect. I kinda stocked up during Freedom Week, to be honest. A few more that I wouldn't mind though. Like a couple of ASC 15-rnd Grendel mags from Precision Firearms. And a couple of standard-capacity 9mm Glock mags.

[grayfox]

I think we might be seeing some cracks beginning to show up in the 9th circuit, this one and the one struck down on ads "appealing to minors"... also unconstitutional.

[Zeneffect]

HI butterfly knife case, friggin OPEN CARRY. A new dawn may be upon us where the sun may rise in the west at least once and all of america can be cast from darkness.

[LRRPF52]

This has major implications for CO, OR, WA, NY, MD, etc.

[VASCAR2]

And hopefully Illinois

[SDW]

This has major implications for CO, OR, WA, NY, MD, etc.

That's exactly what I've been thinking. Benitez' ruling sets quite a precedent. I don't know if any of the opposition will be able to punch holes in it. Talking about lawyers, AG offices etc. Of course, politicians like Newsom have already begun with the smears. Calling Justice Benitez a "right wing zealot with no regard for human life" etc. Just pure negative rhetoric.

The only criticism I've seen of it on our side is that Benitez seemed to draw a line in there about drum magazines, basically implying that >50 round mags are "unusual". They're worried that sets a precedent to at least drum mags later on. They wish he'd left that out.

[SDW]

If anyone wants to read it, here's the ruling PDF:

https://storage.courtlistener.com/recap/gov.uscourts.casd.533515/gov.uscourts.casd.533515.149.0.pdf

You can download it from this link too, if that's easier. I saved a copy to my LT's drive.

[Zeneffect]

8 days.

[grayfox]

His line of reasoning about what arms are protected by the 2d Amendment is much as I have earlier written, in that (including the magazines), those firearms that a single person/citizen-soldier could be expected to provide if called into a militia, being handguns and/or rifles, along with the ammo and mags to support. I didn't think then (and still don't) that the extra-large, non-OEM mags like the 50 round 556 drums were included, but certainly the original design 30-round for ARs, or 11, 15, 17, 19 for the various handguns are part and parcel of the firearm.

I particularly like how he painstakingly dismantled the Calif so-called "expert" opinion that only 2.2 rounds are needed for defense... he exposes it as statistical babble, nonsense, with no real scientific evidence to back it up. BAM!!!

Another point: In fact and contrary to Calif's legal "analysis", he finds the most relevant historical analogues to firearm possession/regulation, are the early militia laws that require a citizen-soldier to come prepared with somewhere like 15-20-24 rounds of bullets, and the powder to go with them. Thus they were required to always have at least that much on hand. No ceiling on #of bullets, but a floor, a MINIMUM, and that floor was >> than 10 rounds!!!

This is a great read and analysis... worth the time to read it. He does us all a lot of benefit by posting and then analyzing/refuting each of the false notions that Calif (and others) have tried to put forth. That's why it's 70+pages.
Thank you, Your Honor!!!

[Zeneffect]

He has an assault weapons ban ruling in the pipe also... and ammo background checks.

When he published the LCM ruling, it was Rob Bonta's birthday. If you don't know, Bunty is the AG for california.

Its a matter of what the 9th will do. Will they do their jobs and honor the constitution or will they just do what the state wants and fix their case for them like they had done before?

The 2 outcomes are, they get their stay and we live in limbo for another few more (6-8) years.

They don't get their stay and californians get rights restored.

Either side will take it to the Supreme Court and will set national precedent if granted cert.

[SDW]

His line of reasoning about what arms are protected by the 2d Amendment is much as I have earlier written, in that (including the magazines), those firearms that a single person/citizen-soldier could be expected to provide if called into a militia, being handguns and/or rifles, along with the ammo and mags to support. I didn't think then (and still don't) that the extra-large, non-OEM mags like the 50 round 556 drums were included, but certainly the original design 30-round for ARs, or 11, 15, 17, 19 for the various handguns are part and parcel of the firearm.

I particularly like how he painstakingly dismantled the Calif so-called "expert" opinion that only 2.2 rounds are needed for defense... he exposes it as statistical babble, nonsense, with no real scientific evidence to back it up. BAM!!!

Another point: In fact and contrary to Calif's legal "analysis", he finds the most relevant historical analogues to firearm possession/regulation, are the early militia laws that require a citizen-soldier to come prepared with somewhere like 15-20-24 rounds of bullets, and the powder to go with them. Thus they were required to always have at least that much on hand. No ceiling on #of bullets, but a floor, a MINIMUM, and that floor was >> than 10 rounds!!!

This is a great read and analysis... worth the time to read it. He does us all a lot of benefit by posting and then analyzing/refuting each of the false notions that Calif (and others) have tried to put forth. That's why it's 70+pages.
Thank you, Your Honor!!!

Yeah I liked that part about the ammunition minimum requirement back in the early days. It's interesting. The 20-30 rounds people needed to have on hand, that happens to be the size of one full standard AR15 magazine. Personally I'm only about half way through it myself, since I've enjoyed re-reading pages as I go. We've all read/seen the last page though.

I'm not a lawyer but I think this appeal thing can't go anywhere unless the other side finds flaws in Benitez' reasoning. Logical and/or legal flaws. Benitez sewed all this up so well that doing such will be difficult. They can't (or shouldn't be able to) fight it in court solely on the basis that the don't like it.

[grayfox]

this one also has the facts of its path on its side. SCOTUS vacated the previous ruling (which the 9 ckt did) and ruled they have to do it under the guidance of Bruen. That will be a hard one for 9 ckt to get around. Not saying they wouldn't try it, but it will be difficult for them to do so. I think in granting a stay the ct has to find that the petitioner has some chance on its side -- not sure of that however.