Annnd, it's gone. Cali residents have until 5 PM PST today to get them.
Same judge put a stay on his own ruling, I wonder what they dug up on him.
Judge blocks California's high-capacity ammunition ban
"The essential American soul is hard, isolate, stoic, and a killer. It has never yet melted."
Or how many threats against his family he received...Skoll wrote:Annnd, it's gone. Cali residents have until 5 PM PST today to get them.
Same judge put a stay on his own ruling, I wonder what they dug up on him.
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Or how much money in unmarked bills were left on his doorstep.
"The essential American soul is hard, isolate, stoic, and a killer. It has never yet melted."
How can they prove who bought (or didn't) them in this window? The burden of proof for the elements of a crime should be on the state. If 3 years from now some Californian says, yeah I took a road trip to Vegas to buy a shitload of them, cash, how can they prove otherwise?
Last edited by tector on Fri Apr 05, 2019 6:18 pm, edited 1 time in total.
“Democracy is a pathetic belief in the collective wisdom of individual ignorance.”
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Knowing Cali, they'll eventually uphold the original ban, then say "Sorry...no grandfathering...turn 'em in!"tector wrote: ↑Fri Apr 05, 2019 4:49 pm How can they prove who bought (or didn't) them in this window? The burden of proof for the elements of a crime should be on the state. If 3 years from some Californian says, yeah I took a road trip to Vegas to buy a shitload of them, cash, how can they prove otherwise?
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The Legal Definition of what is Prohibited under California Penal Code 32310 -
Under Penal Code 32310(a), it is a crime if any person:
manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine.
Penal Code 32310(c) goes on to make it a crime for a person to possess a large capacity magazine, regardless of the date is was acquired.
A “large capacity magazine†means any ammunition feeding device with the capacity to hold more than 10 rounds.
Under Penal Code 32310(a), it is a crime if any person:
manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine.
Penal Code 32310(c) goes on to make it a crime for a person to possess a large capacity magazine, regardless of the date is was acquired.
A “large capacity magazine†means any ammunition feeding device with the capacity to hold more than 10 rounds.
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I am not sure the stay of the ruling applies to possession. He would be creating thousands of felons who relied upon the ruling before he stayed it.Tenzing_Norgay wrote: ↑Fri Apr 05, 2019 10:44 pm The Legal Definition of what is Prohibited under California Penal Code 32310 -
Under Penal Code 32310(a), it is a crime if any person:
manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine.
Penal Code 32310(c) goes on to make it a crime for a person to possess a large capacity magazine, regardless of the date is was acquired.
A “large capacity magazine†means any ammunition feeding device with the capacity to hold more than 10 rounds.
“Democracy is a pathetic belief in the collective wisdom of individual ignorance.”
Exactly as I thought, the possesion part of the ruling is NOT stayed:
https://www.ammoland.com/2019/04/federa ... z5kHciAuvG
https://www.ammoland.com/2019/04/federa ... z5kHciAuvG
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I know, but we're discussing what happens when the ban is (eventually) upheld:tector wrote: ↑Fri Apr 05, 2019 11:44 pm Exactly as I thought, the possesion part of the ruling is NOT stayed:
https://www.ammoland.com/2019/04/federa ... z5kHciAuvG
Additionally, the ruling also makes clear that the preliminary injunction issued in July 2017, which prohibited the enforcement of the “possession†restriction enacted by Proposition 63 and Senate Bill 1446 will remain in effect during the appeal. In other words, California residents who lawfully possess magazines capable of holding more than 10 rounds may continue to possess them while the case is appealed.
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