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
Make sure you spellcheck your manifesto before you go Full Maga and become the next shooter.
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… Read more »
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… Read more »
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.