AmmoLand Cited in California Magazine Case

Lancer L5 Advanced Warfighter Magazine
Lancer L5 Advanced Warfighter Magazine

Update: The California Attorney General's office now admits that magazines are flooding the California market and represent
“an unacceptable danger to public safety.”

The AG's office has set a deadline of 5 PM today for the judge to rule on the stay, or they will go to the Ninth Circuit Court to file for an emergency stay.

CEO of  Michel & Associates, P.C., C.D. Michel, told AmmoLand that they are trying to “put the genie back in the bottle,” and expressed doubts that the AG's office actually thought that no magazines were coming into the state.

San Diego, Calif.-(Ammoland.com)-The plaintiff in the California magazine limitation case has cited an AmmoLand article as exhibit one in their response to California Attorney General Xavier Becerra's petition for a stay of the judge's decision.

Last Friday, San Diego-based U.S. District Judge Roger Benitez declared that laws limiting magazine size violate the Second Amendment. He cited multiple home invasions that were stopped by citizens using magazines holding more than ten rounds. He pointed out that guns are more likely to be used in self-defense than in mass shootings which he called exceedingly rare”.

“Individual liberty and freedom are not outmoded concepts,” Judge Benitez wrote in his decision.

Almost immediately online retailers resumed shipping magazines to the Golden State for the first time since the year 2000. California residents started buying up magazines by the dozens. Servers even crashed due to the expanded workload.

AG Becerra vowed to fight the ruling even if it required going all the way to the Supreme Court. The first stop would be the very left-leaning Ninth Circuit Court. He expressed the need to prevent sales to residents of California.

On April 1st counsel for the AG, John D. Echeverria, called the law firm of Michel & Associates, P.C. and left a voicemail stating that they planned to seek a stay of the court ruling striking down what the judge called an unconstitutional magazine ban.

Echeverria did get in touch with Sean Brady, who is the co-counsel in the case to discuss the matter. Later that day on a conference call Echeverria confirm that he would be filing an ex parte application with the Court. The stay would be against the court's ruling legalizing magazines holding more than ten rounds.

In an ex parte application hearing, only the side that is making the request is represented. The defendant wants the stay to last until the state's appeal could be heard by the Ninth Circuit Court of Appeals. The plaintiffs filed an opposition to the stay.

In their ex parte application, the defendant included a post to social media made by Palmetto State Armory.

In that post, PSA said, “We are getting prepared to send a whole lot of freedom to our friends in California. #ShallNotBeInfringed #2A.”

The plaintiffs argue in their response that if the courts issue the stay, it would adversely affect the residents of the state that had already ordered magazines from online retailers. It would turn these California residents into criminals overnight. Police could charge these law abiding citizens with a crime and legally punish them severely.

In a somewhat surprising move, the defendants tried to argue there is no evidence that anyone in California had purchased magazines online since companies started selling to the people of the sate. The law firm of Michel & Associates, P.C. cited an article that I wrote for AmmoLand.

In the article, I contacted multiple retailers including Brownells, Rainier Arms, and Natchez Shooters Supplies about the rush in magazine sales to California. All the retailers confirmed that they had seen a substantial spike in sales due to orders for these now legal magazines from people in California.

Rainier Arms saw such a spike that it crashed their payment processor's server. Natchez Shooters Supplies had to redo their email advertisement because from the time they started to sell to California to the time they were able to complete the email they had sold out of many different magazines.

I also contact residents of the state that confirmed that they had been buying up magazines for all different type of guns. A quick internet search of forums from California shows that residents are buying these magazines in large quantities.

DECLARATION OF ANNA M. BARVIR in VIRGINIA DUNCAN, et al., Plaintiffs, v. XAVIER BECERRA, by AmmoLand Shooting Sports News on Scribd

AmmoLand wasn't the only media source cited by the plaintiff. The plaintiff's opposition also mentioned an article written by Christina Fan of ABC 30. Fan contacted a local shooting range that was having issues getting magazine due to the rush of Californian's buying them up in bulk. Both articles seemed to dispute Echeverria's claim that there is no evidence that the people of California are purchasing the magazines.

AmmoLand reached out to California Attorney General Xavier Becerra's office and Michel & Associates, P.C for comment, but have not received a response at the time of this writing.


About John CrumpJohn Crump

John is a NRA instructor and a constitutional activist. He is the former CEO of Veritas Firearms, LLC and is the co-host of The Patriot News Podcast which can be found at www.blogtalkradio.com/patriotnews. John has written extensively on the patriot movement including 3%'ers, Oath Keepers, and Militias. In addition to the Patriot movement, John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and is currently working on a book on leftist deplatforming methods and can be followed on Twitter at @crumpyss, on Facebook at realjohncrump, or at www.crumpy.com.

  • 39 thoughts on “AmmoLand Cited in California Magazine Case

    1. This attorney general represents no one but himself. A judge ruled and Becerra doesn’t like it. In typical fashion California democrats will always tie up the people’s rights and desires when it doesn’t suit their agendas. Just who do these public servants serve?
      Certainly not the law abiding citizens of this state. They are nothing short of elected dictators who then decide for themselves what the public can and cannot have. Becerra became Kamala Harris’ replacement when she became a senator. First appointed by moonbeam brown he’s as anti-second amendment as they come.

    2. Judge Benitez is a genius.
      With his order, maybe as many as a million standard capacity magazines entered California.
      With his stay, they are legally owned and cannot be confiscated.
      Now when the case is appealed, the state cannot argue that these magazines are not in common use as there are a million of them in the state.

    3. Whoever is trying to turn the conversation into a racist rant is doing everything to assist anti-gunners, and nothing to preserve our right to standard mags in California, which is what this article is about. In fact you assist Newsome and Becerra, and completely overlook the fact that a judge named Benitez was the one who stood up for our rights. We have no room for racism, and need to stand together if we would like to keep our guns and protect our homes and loved ones. People from all religions and races are welcome in joining to protect our Constitutional protections under the 2nd Amendment. ” Either we stand together or we hang apart.”

    4. The many woes, trials and tribulations having to live enslaved as a proletariat in the Long lost land of confusion called……..Kalifornimexistan.

      Today President Trump is in that State talking with the Border Patrol agents, supervisors, immigration officials etc.
      and others watching the border. And where is the State’s Governor Gavin Gruesome Newsome? Vacationing somewhere out of country.

      How about the Lt. Governor, or the State AG? Mum is the word……………………Shhhh

    5. WHAT SCARES ME MOST are drive by bayonetings. Thank god that California outlawed bayonet lugs years ago, it sure made things safer for those of us with only knives.

      1. Well, don’t visit San Francisco. The drive by ninjas in the MAGA hats are creating fear in snowflake hearts.

    6. Let it be said certain manufacturers of semi-automatic rifles and semi-automatic pistols market their merchandise with standard capacity magazines as is standard for the industry and the standard for the rest of the world.
      Some states (California) have Legislatures which have written laws and passed laws in consideration of reduced capacity magazines which they afterwards refer to as “standard” (or their new standard); this is legislative brainwashing, mumbo-jumbo, and just plain misleading. In some cases it is more expensive to purchase a firearm with reduced capacity magazines as compared to the very same firearm with standard capacity magazines due to the creation of another legislative product-line, UPC code, inventory, space allocation, etc. But if you pay attention, California’s mantra is make it as restrictive, as expensive, as time consuming, and as regulative as humanly possible.
      California is extremely un-supportive in their support of 2A Rights to law abiding Americans which is largely a result of three consecutive terms of majority Democratic Party rule. California is an expensive state and un-representative state in which to live, as California would rather:
      Abolish the death penalty (which in 2016 voters actually voted to keep);
      Release felons early from prison;
      Not-responsibly keep track of those felons which they have released from prison;
      Widely claim that California is a sanctuary State without voter approval;
      Allow illegal immigrants protected status while legal citizens are in danger from their activities;
      Allow the homeless population to reach un-safe levels for both the general public and for the environment;
      Build a mutli-billion dollar bullet train which goes to nowhere and does not benefit the public;
      Not support agriculture;
      Out-law recreational gold mining by banning and suction dredging and high-banking;
      Create a tunnel under the Sacramento River Delta to send water to Southern California;
      Offer an over-restrictive hand-run roster with extremely limited choices, which is the only legal way to purchase a handgun inside the state (https://www.oag.ca.gov/firearms/certguns);
      Ban certain types of firearms by calling them assault weapons;
      Have the highest tax on automobile fuels (gasoline and diesel) which are supposed to go toward road repairs but do not;

      If any pattern can be observed form the short list above it would seem like California is an extremely restrictive place to live and folks should simply stay away as the Legislature does not respect the rights of the individual even if that individual is a good citizen and a citizen with no criminal record. Instead, California with its socialist agenda would rather promote taxation and confiscation while allowing illegal immigrants to reap the benefits of what law abiding citizens are already footing the bill.

      Does California sound like paradise a place where you would wish to live and raise your children?

      Something to consider before giving any voluntary money or any voluntary support to the State of California or to its Legislators: if either of them could ban, outlaw, or confiscate all firearms and their magazines tomorrow would they? If your response is yes, then you have logically reached your conclusion about California!

    7. There is never a dull moment in the state of commiefornia. While we are at it, let’s discuss the Ag’s and others that are trying to control the people. There are of hispanic descent and by that I mean they are trying to turn any or all of this country into the shithouse that exists in South America. Take away citizens rights and leave them defenceless is the same way in Mexico. Send Beccara back across the river and tell him to shut up, we don’t need him here. No American needs to be ruled by a south of the border trash. They do not subscribe to the American way.

      1. Shut the f#$& up dude, we have Mexicans the are serving our country maybe you should go to school and become an attorney. But then again you might be to dumb for that.

        1. @Mike, Just because some serve, does not justify what is happening in our nation nor who is doing it. We can not make rules based upon potentialities. We must make rules based upon predictable scenarios, and within Constitutional parameters.

        2. No Mike maybe you need to shut the f#$& dude; Why do Mexicans need to serve in the US army?
          Why dont they serve in the Mexican army. Oh thats right its a gateway to US citizenship.
          History tells us you do not want an army made up of Foreign nationals.

        3. Mike – Are they Mexicans or are they Hispanic Americans? My heart surgeon was born and educated in Mexico. He legally immigrated. Today he is one of the leaders in his field, and told me his heart bleeds red, white and blue. He also told me to tell a medical student I sponsor not to go to medical school in Mexico.

          As for those in the military, one wonders why. I recall Blacks during the Vietnam era who joined just to learn tactics and use of arms which they openly stated they were going to use outside the military. In those days it was hard to find an opening in any dojo.

          The majority of Hispanics, like Becerra are anti-American garbage. But they are not the only ones here in California who fit that description. People like Kamala Harris, Gavin NewScum, and others are also seeking to destroy the nation from within, starting with rights which are supposed to be guaranteed by the government. They even take an oath to protect and defend the Constitution of the United States and the State of California… and then ignore that oath.

        4. @ Mike You might try taking your own advice. Only a keyboard commando would start a post like that.
          Your mommie needs to teach you some manners. You don’t understand what you say puts you at the bottom of the barrel. Try some reading comprehensive classes. You missed the part that I said these hispanics come here and try to change the country to what they left. That is a fact and you are a blowhard. Crawl back under the rock.

      2. I just finished my daily seven mile bike ride and today I admired a just finished brick mailbox in front of a new home being built. Yep, couple of Hispanic fellas did the work and it was like most everything I have seen done by Hispanic construction workers; very good. You want to know who built the Devon Tower in OKC; that’s right, Hispanics. After I retired I did security in that building, all 844 feet of it. I don’t like being in tall buildings. That building is as solid as a brick shithouse. The quality of finish work is excellent. Part of that time was escorting around the Hispanic guy checking off the punch list. I escorted and provided eyes for a Hispanic crew of a father, son, uncle and another young guy who had to take four offices and turn them into three offices. They never even spoke to each other for the first hour. They knew what needed done and it was amazing to watch. And I am not easily amazed. One of my former Federal coworkers came across the border in the trunk of a car when he was 17 years old, became a Federal LEO and ran a car repair business with his brother on the side and after 9-11 he became an Air Marshall. I am all for those who want America to succeed to come to the USA.

      3. The truth is personal rights and freedoms are a white western creation. As demographic displacement fundamentally changes Amurrica, you can kiss the 2A goodbye.

    8. Many Californians responded immediately to the initial ruling, well aware of the 9th Circuit’s political leanings. Glock 17 9mm magazines were sold out in a day at several sellers. Many responsible California gun and homeowners look to standard magazine capacity for home protection. Judge Benitez does not want those solid citizens becoming “criminals” based on magazine round counts. There are more Californians supporting gun rights than our politicians and media will tell you about.

      1. I never did hear or see any television news coverage out of the initial Federal Court Decision as my only sources of noticication were AmmoLand and Google News (only three articles). It is almost as if the California Legislature somehow put a lid on the story. Thanks to Pro 2A vendors Brownells and Palmetto State Armory who did not forsake Californians. Dis-honorable mention should be to Vizards out of New Hampshire who refused to acknowledge this window of 2A opportunity for Californians (Vizards should be boycotted!).
        On a closing note, we have a local gun show on Saturday 04-06-2019 and on Sunday 04-07-2019 and unfortunately, the good mags won’t be offered for sale.

    9. These “3 days of Freedom” will be remembered for a long time by our friends in California. At least Benitez made the communists sweat for a bit, and has proven that Freedom can still ring in America… at least temporarily… or until the activist/fascist 9th District gets another opportunity to destroy it further.

      1. Maybe Judge Benitez will do what most judges do when they don’t want it appealed…never sign an order denying or granting, just deny or grant in a minute order, but no signed order denying or granting…this prevents appeals from going on.

    10. If the ban overturn is upheld, CA will send it to the 9th, where those Dim Wits will reinstate the ban on standard capacity mags. Appeal will be moved to SCOTUS where 2A and commerce rights will hopefully be upheld. This could be huge for those of us who live in other “People’s Republics” and support freedom. Would depend on Roberts and (most shocking) Gorsuch. Here’s hoping reason and fealty to the Constitution prevails.

      1. I dont trust Roberts as far as he can slither. Funny how much a dead judge found with a pillow on his face, no autopsies conducted, violating state and federal laws changes things…..

    11. surely there have been hundreds killed by now in CA with all of these magazines in the hands of gun owners, right? Oh, they haven’t? Interesting…

    12. Order your magazines before 5 pm tomorrow,my fervent hope is that millions of residents of the state ordered enough to cover the entire state 6 ‘ deep in standard capacity magazines.

      1. I believe we did that. Nice to have something go our way in the legal system. Even the politically forced partial stay was a genius move by Judge Benitez, keeping the flow of standard magazines coming to citizens of California and depriving Becerra of getting a full stay from the 9th Circuit. This may shape a fight in the Supreme Court after the far left 9th Circuit reverses Benitez. The guy is smart. My NRA dues are prepaid for a couple of years. Let’s make this one count!

    13. there is much much more to come
      Pena v Horan to overturn handgun roster….cert pending USSC
      Young V Hawaii…….open carry
      Nichols v Brown…….open Carry
      Flannigan v Becarra…..concealed / open carry
      Ruppv Becarra…….challenge to semi auto rifle with features ban.
      Rhode v Becarra…….challenge to ammo sales restrictions
      I could go on but we are fighting back. Don’t be. a free rider. If you value your liberty, HELP OUT…..HELP FIGHT
      support these cases. Contribute! Join the organization supporting your 2A Rights.

        1. The ruling

          http://michellawyers.com/wp-content/uploads/2019/04/2019-04-04-Order-Staying-in-Part-Judgment-Pending-Appeal.pdf

          “He’s saying that the ban on simple possession cannot be enforced by the state while the case is appealed. The ban on buying/selling mags will go back into effect tomorrow at 5pm.”

          “In short, he maintains the status quo (no buying or selling of mags after 5pm Friday, which has been the case since 2000) while explicitly protecting people who, relying on his order during the last week, bought new magazines.”

          California Judge Reinstates ‘High Capacity’ Magazine Ban As of 5pm Friday

          In response to a motion from the California Department of Justice, US District Court Judge Roger Benitez, who issued a permanent injunction against enforcement of California’s “high capacity” magazine ban, has just issued a stay of his own injunction. That means that the window for ordering standard capacity magazines is closing.

          His order goes into effect at 5:00pm Pacific time on Friday, April 5. You can read the full order here, but this is the relevant portion:

          THEREFORE, IT IS HEREBY ORDERED that the Judgment is stayed in part pending final resolution of the appeal from the Judgment. The permanent injunction enjoining enforcement of California Penal Code §32310(a) and (b) is hereby stayed, effective 5:00 p.m., Friday, April 5, 2019.

          IT IS HEREBY FURTHER ORDERED that the preliminary injunction issued on June 29, 2017, enjoining enforcement of California Penal Code §32310 (c) and (d) shall remain in effect.

          IT IS HEREBY FURTHER ORDERED that the permanent injunction enjoining enforcement of California Penal Code §32310 (a) and (b) shall remain in effect for those persons and business entities who have manufactured, imported, sold, or bought magazines able to hold more than 10 rounds between the entry of this Court’s injunction on March 29, 2019 and 5:00 p.m., Friday, April 5, 2019. Dated: April 4, 2019.

          The ban on possession of “high capacity” magazines will not be enforced while the case is argued and decided, but California residents will not be able to buy them after 5:00pm tomorrow.

          1. May be for the best the way he issued the injunction. This will stop an emergency request going to the full 9th. The verdict will be appealed all the way to SCOTUS, but the emergency stay would make criminals overnight. This at least stops CA law enforcement from doing anything about ownership. Not the best outcome, but it does help stop a worse intermediate outcome.

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