Judge blocks California's high-capacity ammunition ban

[Skoll]

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.

[jwperry]

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.

Or how many threats against his family he received...

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[jwperry]

...double tap

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[Skoll]

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.

Or how many threats against his family he received...

Sent from my Moto G (5) Plus using Tapatalk

Or how much money in unmarked bills were left on his doorstep.

[tector]

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?

[Tenzing_Norgay]

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?

Knowing Cali, they'll eventually uphold the original ban, then say "Sorry...no grandfathering...turn 'em in!"

[Tenzing_Norgay]

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.

[tector]

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.

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.

[tector]

Exactly as I thought, the possesion part of the ruling is NOT stayed:
https://www.ammoland.com/2019/04/federa ... z5kHciAuvG

[Tenzing_Norgay]

Exactly as I thought, the possesion part of the ruling is NOT stayed:
https://www.ammoland.com/2019/04/federa ... z5kHciAuvG

I know, but we're discussing what happens when the ban is (eventually) upheld:

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.