What the CA mag ruling really means
- Posted on
- By Write Winger
The NRA and CRPA won a preliminary injunction against the state, temporarily barring CA from enforcing laws against gun owners that would have required them to surrender their +10rd magazines
There was a lot of celebrating going on last night for those in California who follow gun rights litigation and the prospect of complying or not complying with upcoming laws.
The NRA and CRPA won a preliminary injunction against the state, temporarily barring CA from enforcing laws against gun owners that would have required them to surrender their +10rd magazines by Saturday, July 1st or risk being charged with a crime for possessing them.
But with wins like this, it leaves a lot of questions for people who may not follow all the ins, outs, and legalese of what it really means for them.
First, let's get the obvious out of the way. Nobody was turning in their magazines. Nobody. If anyone took theirs out of state, they were bringing their family, their income, and the rest of their belongings with them. For the rest of us who stayed, the state doesn't know who has them or how many are out here in the wild, so they can't come take what they can't find. But it's important for us to know what they can eventually have the power to do to us for non compliance, and what we can prepare for.
The most common question is, "does this mean I get to buy 30rd mags now??" Legally? No.
This ruling only pertains to SB 1446 and Prop 63 from last year that banned the POSSESSION of +10rd magazines and forced owners to dispose of them by July 1st. All this ruling did was keep those two laws from going into effect... temporarily. All other laws pertaining to magazines are still in effect. Still can't legally sell, manufacture, transfer, or import +10rd mags.
This ruling allows you to possess the +10rd mags you own for a little while longer until it gets to be further fought out in court, and goes up the legal food chain, which the Attorney General said he'd keep fighting.
Because this is California, expect this to be fought long and hard by the state until they get a judge or panel of judges that agree with them (the 9th Circus). Then you'll again be required to turn your mags in... which you won't. And it'll go to the Supreme Court, which as we learned with the right to carry case recently, they might not take it.
I'm not trying to be a downer, I'm just trying to give you a realistic expectation of how the events will likely unfold.
Remember, this is temporary. Until there is a permanent injunction, until the law is changed, repealed, or ruled unconstitutional, it can come back with a ruling from an anti-gun court. And if we know California courts, the likelihood of this happening is high.
Be the first to comment...