San Diego, Calif. –-(Ammoland.com)- At 5 PM today it will once again be illegal to purchase magazines holding more ten rounds in the state California.
Federal District Court Roger T. Benitez issued a stay in the enforcement of the judgment in the case of Duncan v. Becerra. In that case, the court ruled that the California Magazine ban that dates back to 2000 was unconstitutional and violated the Second Amendment. His decision shocked both sides of the debate.
California Attorney General Xavier Becerra's office file for an emergency stay against the judge’s ruling until the Ninth Circuit Court of Appeals could hear their appeal. Initially, the AG's office claimed that there was no evidence that magazines were coming into the state. AmmoLand's reporting disputed this assessment and our research was used as “exhibit one” by the law offices of Michel & Associates, P.C. in their objection to the stay.
One senior officer of an online retailer informed AmmoLand that they had sold over 200,000 magazines virtually selling out of their whole stock. The employee, who was not authorized to talk to the media, said they had people working around the clock to get magazines shipped out to California.
Michel & Associates, P.C. pointed out in their objection that if the judge granted the stay it would turn 1000s of Californians into criminals. These citizens would face severe legal punishment for having newly acquired magazines. These law-abiding citizens would become felons.
The evidence presented by AmmoLand caused AG Becerra to change his course of action in the emergency appeal. His office admitted that magazines were flooding into the state, but he said it was creating “an unacceptable danger to public safety.”
Yesterday the AG Benitez gave the judge until 5 PM to rule on the stay, or his office would go to the left-leaning Ninth Circuit Court of Appeals and if the past is any indication then expect the Ninth Circuit Court most likely would issue the stay. The Judge decided to grant the stay until the Ninth Circuit could hear the defendant’s appeal.
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The judge did also issue a second stay on the enforcement of the ban on any magazines that the citizens acquired since Friday. The stay officially goes into effect at 5 PM today leaving people in the state in legal limbo for magazines that are currently in the mail.
Speaking to various attorneys, they stated that people who receive their magazines after the 5 PM should be fine. Unless someone self-reports, it would be almost impossible for law enforcement to determine when the Californian received their magazines. It is also unclear if the stay would even apply to magazines that the citizen ordered before 5 PM but arrived after the deadline.
Some online retailers I spoke to for AmmoLand told me that they are going to be taking orders from California up until 4:55 PM west coast time. Some are seeking legal counsel to determine if they would violate Californian law if they were to ship magazines out to customers in the Golden State after the 5 PM cutoff.
It is unclear on the timeline of the appeal. Both sides have vowed to go all the way to the Supreme Court to decide the case.
About John 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.
If all gun owners refuse to obay a unconstitutional law and stick together, Does California have enough courts and jails to put you all in jail! REMEMBER STRENGTH IN NUMBERS this is the exact reason our founding fathers wrote the second amendment. This the only way to stop this insanity by standing up to these gun grabbers.
don’t move to florida , we only have one gun law everyone who wants one gets one
You have all kinds of laws similar to Californias coming to Florida.
Good luck with that…!
How are inanimate standard capacity magazines flooding into California being dangerous to the population, but 100s of 1000s of undocumented illegal aliens are not dangerous at all? Drug smuggling, child sex trafficking and human trafficking is okay in California but an extra 2-90 bullets in a box are not? That is one botched up goof ball state, which needs to be cut off like a cancerous tumor, before their leftist agenda spreads any farther into the rest of the country. Don’t think being armed helps fend off tyranny? How did we get here in the first place? The British tried to take our guns, and we din’t stand for it. Ask the Nazis how well things went with those armed Jews in the Warsaw ghetto. It wasn’t as easy as dealing with the disarmed German Jews. They had to light that sucker on fire to get those Jews out. No homes left to give away to Nazi sympathizers, in the ghetto, but in Germany where the guns had all been collected, free housing for the obedient Nazi sheeple.
No, no, no. Clearly you’re watching the wrong news network. These are just productive people with families coming here to HELP, and add to our economy. I can see how your misunderstanding has influenced your opinion. On the surface, it APPEARS thousands of people are willing to endanger their babies and commit multiple violations of our laws to get here—to the free stuff. You should just tuck away those nasty, negative “feelings” right now, mister! You’ll sleep more comfy-cozy tonight knowing that money you’ve worked hard for will be used to IMPROVE, EXPAND, AND MODERNIZE our Welcome Centers for the undocumented among us. I think I’ve set you on the right path. Now don’t you feel better?
Does anyone notice that a judge has to satisfy an anchor baby? Where is our rule of law and why isn’t it being enforced?
Throw the un American in jail and give him a copy of the Constitution to study with a test to follow. We are not under the lax laws of Mexico but we are Americans and have every right to live like Americans. All others can step aside and reassess their commitment to living here or go back to the country they love so much. The country they came from doesn’t hand out living expenses like they are free.
How many months after birth can an anchor baby be aborted?
So glad that a court is fighting back and sighting that the ban was unconstitutional. I lived in Kommiefornia and as soon as I heard the ban was going into effect I ran to Nevada and bought speed loaders and 25 round magazines for my 10/22s that I had purchased because I didnt like feeding bullets one at a time into my tubefeed marlin. I didnt own a AR then because of all the limitations they had like no pistol grip, forward grip, the special mag release. I moved to Oregun and dumped my 10 round pistols and bought 16 round pistols for the wife and I. We laughed so hard when we saw the stickers that said not for sale in Kommiefornia. Shortly after, obummer decided to crawl in bed with Cuba, I immeadeatly thought of the Cuban missle crisis and bought my first AR because I knew we were heading down the wrong path. A couple months later my wife and I took the training both written and live fire, recieved our certificates and got our consealed carry permits. Finally, I felt like I was living in a free state and the man wasn’t stepping on my neck. Now the Kommiefornians have moved into and taken over this wonderfull state and Commie Kate Brown is trying to take us down to five round firearms, no semi auto, no detachable mags, 20 rounds per month. Screw her and all the commietitions in the capital. I thought about moving again but I cant handle the snow being disabeled and really like the ocean. Since I am older, never had children and my wife is gone what have I got to loose. My statement that I can make by not complying and dieing for the rights of myself and others is much better than giving in and being taken advantage of. Keep Oregun free, if you dont like having carry permits, standard capcity 30 round mags, AR’s without buttons and grips, stay where you are. This moving somewhere else and trying to Kommieforniaize it is not going to last or work much longer. The real people are getting pissed and you can only corner a dog and kick it for so long before it bites back. I think American gun owners are at the tipping point and all it needs is for the demoncrap confiscation to begin for these dogs to bite.
Go MAGA. USMC
Make sure you spellcheck your manifesto before you go Full Maga and become the next shooter.
funny how EVERY “shooter” is a
leftest, commy/nazi/satan worshipper and
NOT “full maga” Ahole!
Since the oirignal lawsuit names Becerra as a party to the matter, and names him in his official capacity as Attorney General of the State of California, then this case can ONLY be taken up direcly by the Supreme COurt of the US… read Art 3 Sec 2 Par 2.
Forget the Ninth….. petitioni to the SCOTUS and cite the above section of Art 3.
Do I really care anything about what goes on in California? As long as it stays in California, along with the residents who have screwed up their own state and don’t move to other states and contribute to the loss of freedom in their new residences, I couldn’t care less.
You should. California, with millions of Patriotic American residents like you, is a US State. You see a problem, I see an opportunity. Judge Benitez and his enormous balls has just turned the legal precedent of choice for the communists on its proverbial head. I’ll be enjoying the hell out of watching the fallout. I can see Anderson cooper and Nancy Pelosi crying together right now in their safe space.
and YOU are part of WHY we have such idiocy from the higher echelons of government.
IF people in California and other places had been vigilant and proactive, California never could have gone so far down the foun inch black vertical pipe. And since Califonria seem to be getting off with their blatant trashing of the Constitution, other states are being more emboldened to attempt the same. My state, and the one next, are on the California warpath. Illinois, Maryland,Virginia, Pennsulvania, COlorado, Florida, are all pointing their feet down the same path.
As one of our founders famousl said
We must all hang togther else we will all hang separately.
Since this is happening in the United States, it IS your problem. Don’t wait till they come knocking up YOUR door…. then it will be too late.
WHenever the US Constitutino is trashed, we ALL LOSE. You included.
Agree, unfortunately, what happens in California doesn’t always stay in Commufornia.
Have you ever heard the old saying? The way Cali and New York goes, so does the rest of the Country. 2 Biggest Population States in America.
So, your fellow hunters and shooters that believe in the Second Amendment means nothing to you? Fellow Americans losing their constitutional rights is okay as long as it isn’t you, right?
You had better fight for every inch of USA soil that you give up! What flies in the socialist people’s republik of Kalifornia spreads like a cancer! Who needs 20 bullets? Shoot straight and you only need one. Keep practicing.
Trump for president in 2020! MAGA! Remember the Alamo!
JPM, thanks a lot B__THOLE. You SHOULD care what happens to us here in Commiefornia you moron! Don’t you think it could or is happen to where YOU live, if it isn’t already happening NOW without you’re knowing?! Balless mikey bloomberg and little georgie soros have stuck their gun-grabbing weenies into every State! FYI, I’m moving to Arizona, having been chased out of my home State of CA and as a second-generation native! Maybe you want me as a neighbor??!!
What happens in nazifornia,takes 10 to 15 years to infiltrate the other 49 states.look back open your damm eyes,way of farming heavy pesticide usage,no till ,then smog control on cars,electric power plants.firearms are now present.
To late, Colorado is already full of socialist from california. Now Colorado is so stunk up with California Democrats that after 62 years as a Colorado resident i moved to Kansas and took my 1/2 million Colorado retirement dollars and now Kansas is reaping that reward. And if Kansas gets stupid like Colorado i will sell my house and take my retirement and give it to maybe Wyoming, a pro 2nd amendment state.
You had better care what happens in California!!!
California is the “Proving Ground” for Gun Laws. Any Law that is passed here, WILL be picked up by LibTards in other States… including yours.
Believe me, we are fighting hard here in CA. Yes, this is the Land of Fruits & Nuts, but there are a lot of good people here, too. I’m a Jarhead, and a Vietnam Veteran. I contribute to the NRA (I’m a Patriot Life Benefactor) and California Rifle & Pistol Association (Life Member). I hope EVERYONE here is doing their part to help the NRA and local Groups fight the craziness of these damn Laws. And do it now, BEFORE asinine laws are passed.
WE HAVE to fight together. God Bless.
Grab-a-gun has had so many orders they have shut down any more orders.
Since when does an attorney general tell a judge they must act on an order?
Looks like the entire judicial system in California is ass-backwards.
They are not they are one in the same. The judge screwed up he went off the plantain, his wife got phone calls from her liberal buddies no more parties for get togethers. They were going to put his family through living hell unless he changes his mind/ruling.
Yes, please do take this to the SCOTUS. Screw the 9th. No, make that pack the 9th.
E-gads, what a tangled web we weave when they practice yo deceive, you cann bet the 9th CIRCUS will always go against the 2A. It is high time for the people to stand up and fight back.
It’s been well past time to stand up!!!
Gun Owners of California…Take your State Back remember Auschwitz, Treblinka & others…The camps the Liberals deny ever happening.
If you manage to get out of California,CHANGE YOUR VOTING HABITS!!!!!!!
Problem being, those fleeing that ‘lost’ state have ingrained into their very being the illogical thinking that foments the election of crackpots that turn everything they touch into feces! After ALL they see and hear, you will still hear them spew their crazy ‘socialist’ agenda….STAY IN THE FILTH YOU HAVE SPAWNED, if you attempt to bring your idiocy to my state, we are ARMED, and there will be blood!
I don’t plan to change my voting habits when I leave CA. I am just being outnumbered here. You would not like me if I do change. Haha
Rgr that! I do feel for those ‘sane’ folk living outside those piles of feces, LA & SF. Exactly why the state should be split into three states. Those two cities make the entire states blue and lost! CA, as established, will forever elect the likes of a Jerry Brown; real people have NO choice. Sanctuary cities have spread like a viral cancer and has made the entire state a 3d World sanctuary.
If the customer orders and pays for the magazine, and shipping, before the 5 pm deadline, that’s legal.
Why?
Because ownership of the mag transferred from the seller to the buyer upon payment – the buyer paid for delivery, so the delivery agent is acting as an agent of the buyer for buyer property.
Do a search for incoterms – and the definition of “delivery” for goods and services.
Like other internet transactions, when your credit card is charged and the transaction completed, you bought the item and you own it. Does it matter if you transport it in and out of California after you legally own it? The risk is that California politicians don’t care about the law and people’s rights. They know it takes tens of thousands of dollars to fight anything thru the court system and the average person doesn’t have that kind of discretionary cash at hand.
The ONLY firm benefit of being oldt. I DONOT intend spending what little inheritance my grandkids might realize on some $4,000 suited lawyer. When they come after me or whatever I’ve got, as the old western dude might say, you might as well come shootin’! I do recommend sending those without families – or better, let those rooster legislators lead the charge…..
So you’re saying that your article prompted the illegal stay of motion until the pos 9th circuit can further pop on the 2 amendment with biased partisan rulings? Good job…..*sigh*
He did the best thing possible by him setting the terms, instead of the 9th circuit. Who do you think would have grandfathered in the magazines legally to own and use? Exactly.
We got the best deal possible.
Stop spreading FUD when the only federal judge on our side gave us a huge win.
Exactly. This judge is on the side of freedom. He is doing what is prosedurally correct.
It must suck to live in Kommiefornia.
Yes!
I ordered seven 30 round AR-15 magazines out of sheer defiance. I don’t even own an AR!
Now that you have magazines it’s time to fix that omission,Congats !
Bravo. You’re on the road to attaining Senior Sheep Dog status.
I like your attitude, Eric.
So, since the judge is violating his oath of office to support, and defend, the Constituion. Is violating the Constitution itself, etc. Does this mean he is quitting his job as required by law? Or is he just another communist judge, continuing hismockery of his position? And covered for by the former DOJ. Now the department of communist puppets? You can’t be a judge with no moral compass, no spine, no right or wrong switch, no honor, no loyalty to the Constitution, and no loyalty to his oath of office.
How did he violate his oath of office when he found a law enacted by CA to be unconstitutional? Moreover, by staying his Order, he grandfathered all those who purchased HCM after his ruling from criminal liability, setting the terms himself, as opposed to the Appellant Court setting the terms, which as past practice dictates, would not have been as favorable to law abiding gun owners.
I respectfully submit your view point lacks merit.
You have to appreciate the size of the cajones on this guy, Judge Benitez. He basically ensured the Duncan case, which has been the go-to case law of reference for the communists, will be heard by SCOTUS, where it will be rightfully reversed. What a glorious day it will be. I can’t wait to see Nancy’s face…
Didn’t like the fact that so many peons were loading up.
Cant have the slaves stockpiling, can we.