A California Law Doesn't Stand!

Discussion in 'Legal' started by Jim Watson, Jun 4, 2021.

  1. Jim Watson

    Jim Watson Member

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    I am sure the state will appeal, but it looks like a Naughty Gun Holiday like the brief magazine de-ban there.

    BOOM. Judge Benitez ruled California AWB unconstitutional.


    https://d3n8a8pro7vhmx.cloudfront.ne...pdf?1622850514
     
  2. RMH

    RMH Member

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    A step in the right direction but I think this is far from over. Many years of appeals.
     
  3. General Geoff

    General Geoff Member

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    More importantly, that order includes an injunction. Does this mean Californians can buy fully featured autoloading rifles and standard capacity magazines for them (until a stay on the injunction is issued), similar to how Freedom Week happened?
     
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  4. Mk-211

    Mk-211 Member

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    Long time coming!

    Now all we need to do is recall Newscum!
     
  5. Mk-211

    Mk-211 Member

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    Ok this is what's happening...

    Basic summary...
    A 30 day stay was issued with the ruling.
    During that 30 day window, CA DOJ can appeal the ruling to the Ninth Circuit Court of Appeals.
    If CA DOJ does appeal, then the stay remains in place until the Ninth Circuit Court of Appeals makes a ruling, which can take 2-5 years.
    If CA DOJ does not appeal, then after the 30 day stay is up, CA assault weapons laws will no longer be legal.
    ^This is when it will be legal to no longer abide by CA assault weapons laws.
     
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  6. somethingbenign

    somethingbenign Member

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    I'm not too savy with all the CA gun laws, just they generally suck. This would only apply to the features of rifles, they would still have the magazine limit until THAT appeal is sorted out?
     
  7. P5 Guy

    P5 Guy Member

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  8. Phaedrus/69

    Phaedrus/69 Member

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    Very good news!
     
  9. AlexanderA
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    AlexanderA Member

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    Buried in the decision is the statement that machine guns (and artillery, etc.) are too dangerous and are not protected by the 2nd Amendment. There was no need to make such a gratuitous statement.
     
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  10. db_tanker

    db_tanker Member

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    I was just reading this...I was floored at the comments the judge made and perhaps even feel some hope too.

    but as was stated...still a long road.
     
  11. GEM

    GEM Moderator Emeritus

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    From an NRA source:

    1. There's no window of opportunity because of the appeal and the order won't go into effect (if it is supported) unless the appeals process is finished.
    2. The 9th en banc will not support the decision
    3. It won't automatically go to SCOTUS unless there is a circuit split or the state government appealing an en banc decision. There's no guarantee the court will take the case anyway. BTW, congress folks still put the SAGA act forward but fat chance Mitch or Chuck would ever let that come up for discussion, let alone a vote.

    So while a good thing, it is just a start of a very long process. It's not a real time, let's buy 'em go signal.
     
  12. vintovka

    vintovka Member

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    Sadly CA sets the standard for dilution of respect for law. At this rate even stop signs may just be a "suggestion"
     
  13. loneDS

    loneDS Member

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    If this stands, it could be huge for all states with similar bans.

    Trying to let positive thoughts outweigh my skepticism!
     
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  14. Rule3

    Rule3 Member

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    Assault Weapon" as defined by California!

    https://law.onecle.com/california/penal/30515.html

    California Penal Code Section 30515

    https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=30510.&lawCode=PEN


    CA Penal Code § 30515 (2017)
    (a) Notwithstanding Section 30510, “assault weapon” also means any of the following:

    (1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following:

    (A) A pistol grip that protrudes conspicuously beneath the action of the weapon.

    (B) A thumbhole stock.

    (C) A folding or telescoping stock.

    (D) A grenade launcher or flare launcher.

    (E) A flash suppressor.

    (F) A forward pistol grip.

    (2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.

    (3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.

    (4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following:

    (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.

    (B) A second handgrip.

    (C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel.

    (D) The capacity to accept a detachable magazine at some location outside of the pistol grip.

    (5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

    (6) A semiautomatic shotgun that has both of the following:

    (A) A folding or telescoping stock.

    (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.

    (7) A semiautomatic shotgun that has the ability to accept a detachable magazine.

    (8) Any shotgun with a revolving cylinder.

    (b) For purposes of this section, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.

    (c) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in subdivision (d).

    (d) “Assault weapon” does not include either of the following:

    (1) Any antique firearm.

    (2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (c):

    MANUFACTURER MODEL CALIBER



    BENELLI MP90 .22LR
    BENELLI MP90 .32 S&W LONG
    BENELLI MP95 .22LR
    BENELLI MP95 .32 S&W LONG
    HAMMERLI 280 .22LR
    HAMMERLI 280 .32 S&W LONG
    HAMMERLI SP20 .22LR
    HAMMERLI SP20 .32 S&W LONG
    PARDINI GPO .22 SHORT
    PARDINI GP-SCHUMANN .22 SHORT
    PARDINI HP .32 S&W LONG
    PARDINI MP .32 S&W LONG
    PARDINI SP .22LR
    PARDINI SPE .22LR
    WALTHER GSP .22LR
    WALTHER GSP .32 S&W LONG
    WALTHER OSP .22 SHORT
    WALTHER OSP-2000 .22 SHORT
    (3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (c) to exempt new models of competitive pistols that would otherwise fall within the definition of “assault weapon” pursuant to this section from being classified as an assault weapon. The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant.

    (Amended by Stats. 2016, Ch. 48, Sec. 1. (SB 880) Effective January 1, 2017.)
     
  15. CapnMac

    CapnMac Member

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    The first page of text:
     
  16. Otto

    Otto Member

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    Judge Benitez did the same thing in 2019 regarding California's ban on magazine capacity greater than 10.
    To my knowledge, those mags are still illegal to purchase in CA.
     
  17. BJung

    BJung Member

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    This judge and San Diego is becoming as much a pain in the side of California as California's 9th Circuit is to the rest of the Nation.
     
  18. CapnMac

    CapnMac Member

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    But, during the Stay, until the Appeal was filed (invalidating the Stay) there was a glorious week for our CA brethren, when sales were legal. All of the legally purchased & owned magazines are still legal in CA.

    The 9th Circus is no longer the unified juggernaut it once was. En banc, it has some semblance of its old self, but even that is fading. The ability to confirm and seat Federal judges is a powerful one.
     
  19. vintovka

    vintovka Member

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    "any firearm"
     
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  20. Mk-211

    Mk-211 Member

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    30 days runs out on July 4th, let's hope they get lazy. ;)
     
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  21. TTv2

    TTv2 Member

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    Correct me if I'm wrong, but there has not been a circuit split in regards to AWB, but the 1st thru 4th Circuit all have states in them with an AWB, so it's possible it could happen, but it likely won't within the next 5 years.

    SCOTUS is so tepid with 2A that I don't see them taking on a major 2A case like AWB's, mag capacity limits, or ATF re-defining semi automatics as machine guns under the 1934 NFA Act willingly. They'll take on the Constitutionality of may issue states denying people seeking a carry permit for no expresses reason other than "cuz we said so", but that doesn't automatically mean NY state or NYC will become a shall issue, they'll pile on so much red tape that it will be just as difficult to get a permit as it was before the SCOTUS case.

    The Trump conservatives on SCOTUS seem less interested in actually doing anything and more interested in just looking like they are doing something to keep up appearances. I don't put much faith in SCOTUS as they're constantly looking over their shoulder to see if Chuck Schumer has rallied a mob on the front steps and is demanding the court be packed. So long as Democrats control Congress and the White House, that heavily touted conservative majority is in all actuality a paper tiger being spearheaded by two 70 year olds.

    I expect this case to be forgotten about in the next couple years.
     
  22. Demi-human

    Demi-human Member

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    I’d rather you be wrong, thanks.:)
     
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  23. Mk-211

    Mk-211 Member

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    Both cases will not be forgotten about, you can be sure of that. To much has happened on both sides for either to let it go.

    On top of that, plenty of people in other states are paying attention to what the outcome is. If it falls through here in CA, it will fall through in other states.

    This case is HUGE and no one is going to forget about it.
     
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  24. Dudedog
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    Dudedog Contributing Member

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  25. Mk-211

    Mk-211 Member

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    For people in other states, its a good read with a lot of helpful information.
     
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