Article – Judge blocks California’s ban on high-capacity magazines over 2nd Amendment concerns

If you want to buy a ‘hi cap’ magazine these days, you might notice that prices are a bit higher in many places. Reason?

SACRAMENTO, Calif. — High-capacity gun magazines will remain legal in California under a ruling Friday by a federal judge who cited home invasions where a woman used the extra bullets in her weapon to kill an attacker while in two other cases women without additional ammunition ran out of bullets.

“Individual liberty and freedom are not outmoded concepts,” San Diego-based U.S. District Judge Roger Benitez wrote as he declared unconstitutional the law that would have banned possessing any magazines holding more than 10 bullets.

The market for magazines just suddenly grew by several million customers who are going to ‘panic buy’ as many freedom sticks as they can ‘while the gettins good’. Supply and demand.

It is a tremendously un-9th-Circuit decision. Historically the 9th Circus has been pretty far to the left in terms of it’s decisions. It’ll be interesting to see if this one sticks.

Does any of this affect the average survivalist? Well, yes. First, if youre a survivalist in California you are probably maxxing out your credit cards at this very moment. Secondly, if you were planning on a large purchase of magazines in preparation for next years election…you might want to double check availability and pricing.

I’m sure the folks in California are besides themselves with disbelief. I wonder what this bodes for other states with similar laws.

26 thoughts on “Article – Judge blocks California’s ban on high-capacity magazines over 2nd Amendment concerns

  1. Really surprised that the California AG hasn’t rushed to the 9th Circuit and requested an injunction and emergency hearing. Until that happens, keep up the buying and stocking up California.

    • He did.

      He also asked the judge who laid that epic smackdown on CA to stay the decision he just made.

      I don’t think he will, so we’re good until the 9th has a chance to weigh in on this, which could be soon. Maybe as early as next week.

      Since this decision was strongly tied to Heller, in order to overturn this, the 9th would have to say that the Supreme Court was wrong. I doubt they would like that.

      Cautious optimism is the word of the day for those of us in Kalifornia.

  2. Trump has almost equalized the 9th circuit.. almost. 13 9th circuit judges have been appointed by Republicans and 13 by Democrats so it is getting less unbalanced. I read this mornig that the CA attorney general asked for a stay with another judge on the court (Judge shopping) but because a 3 judge panel already revied this and granted hte injunction last year and sent it back to be completed by this judge benitez we are all hoping it stands and that the full court just does not have an enblanc hearing. Fingers crossed but the ruling that came down was the best defense of the 2A I have ever read.

  3. ‘Slaves’, CDR. Groveling for crumbs of ‘freedom’. Glad they have their little “window of opportunity”, but it’s just a reminder that they are in fact, slaves. Anyone with brains would beg left by now. Heck, I have a 90 year-old uncle who finally had enough & moved out of California 3 months ago. Could t take it anymore.

    Instead of ‘walling-off’ Mexico, I’d rather wall-off California. Keep those dummies in one place until the ‘big one’ comes.

    • With all due respect.. “From sea to shining sea” and since we fought the Mexican army and defeated them to take many states and form a union… I am a CA resident and a US Citizen.. not the other way around… plus the US Navy is not giving up it’s west coast deep water ports and allow a hostile to America country on it’s own border. Domestic enemies must be met and eleminated and the constitution stands for CA or it doesn’t stand for you either. If you think illegal migration invasion is not about eleminating the border and WHY Mexico won’t enforce it they want their California territory back… NOT GOING TO HAPPEN… just saying.. 🙂

      • You said it yourself, Dave. Look around. It’s not the country you grew up in. California was a part of Mexico right up until it wasn’t. More recently California has been a part of the U.S., but not for much longer. Even if Trump gets another term, the America Haters(TM) will likely be back in power in 2024. And they’ve been pretty clear about their vision for the future (which doesn’t include you).

        • Aesop at The Raconteur Report makes an eloquent defense of the “It’s ours: we’re keeping it!” position ref California, and notes the fact that there are, indeed, patriots “behind enemy lines”. In the spirit of :nobody left behind””, he makes a pretty compelling case. I, myself, am susceptible to the “F*** ’em: let it go!” position, but Aesop makes me pause.

      • There were more votes for President Trump , nearly 5 million here in California than in Kansas.

        There are also tons of well armed though apathetic patriots who believing firmly in TINVWOOT didn’t bother to vote . And no there were not enough of them for President Trump to carry the State in case anyone asks

        Its not so much behind enemy lines but somewhat outnumbered and if it came to a fight the establishment in California would be toast

        The trick though is for patriots to figure out what the hell they want and how they would run things if they had power.

        No goals, no victory and the more people on your side who agree on the goals, the stronger you are.

        This is the exact problem our President had, no real “I won” plan and no shadow cabinet of advisers

        Its sucks but in times like this you can’t run from power only to it otherwise if you don’t take power, someone else will

        Hang together or you know the rest

    • I share your contempt for California politics, but “anyone with brains” has not left. Let’s compare academic achievement, income, etc.

      To some people, maintaining close contact with family is more important than where they live. Some people have no families, or at least, families that care about ever seeing them except once in a blue moon.

      I suspect that your uncle left for deteriorating health reasons and the need to rely on family for help. This explains why people move to Florida in their 60s when they retire, and return home in their 80s. This issue is well-documented. (As an aside, words never heard by Southern working people: “When I retire, I’m moving up North!”)

      While you’re sitting in your Unabomber cabin and opining about matters, it may not occur to you that the ports in California are extremely important to the US economy and US defense. Having California “walled off,” as you put it, would mean having a country with a separate foreign policy. California sends far more tax money to the US government than it ever gets back, so your tax burden, if you do pay taxes, is less than it would be if California left.

      If you think having California sanctuary cities is bad now, just think how a California policy regarding illegal immigration would be if California separated. Do you think that illegals would stay in California? Of course, not. If we had never seized California during the Mexican War, Mexicans would still keep leaving California and moving to Chicago, Des Moines, or East Jesus because they seek jobs.

      I was raised in the South. I detest California politics, traffic, gun laws, and taxes. (I will never complain of the 75 degree days throughout most of January, however, a “survival” advantage which most Americans can only dream about). I will move from “behind enemy lines” when my kids move.

  4. The assault will continue unabated until this country and the principles upon which it was founded are turned into a globalist marxist state ruled by unelected self appointed dictators. Read history and know the outcome!
    High capacity magazine outlawing will come up again and the continual assault on assault weapons, as well as anything more than a single shot, and even that may be subject.
    So I ask you, if they manage to ban assault weapons are they not also banning rocks, screwdrivers, bats or blocks of wood? Each can be used to assault someone or group of people. Hence any object used to assault becomes by default an “assault weapon”. Same for large capacity magazines, are the rules going to eventually apply to anything that holds or carries a large capacity, like buses, trucks, how about shelfs that contain over so many packages, if we’re talking about capacity and banning the laws need to be very specific. And when laws are abnormally specific there are an abnormal amount of ways around them……..
    Point I’m attempting to make is it’s all about controlling the populace by elitist that see themselves as not part of a society, but above it…… God created all men equal, our fall from His grace to follow false gods makes us different. But that’s just my opinion…….

  5. Already seeing distributors shilling to the Commiefornians on mags. Prices on the ammo has already ticked up. Here we go again. Personally I would love to see a Calbrexit. It’s a win win for the rest of the country. But all roads, highways, and bridges, not to mention air and rail service must be cut.
    They can name their neoConfederacy the Kingdom of Stupid. Gavin Gruesome can have himself installed as King Stupid the first.
    But no immigration. That means Nasty Pelosi and the rest of her rats stay the hell in Commiefornia.

  6. ..from deep in the reddest part of California..

    It’s not hopeless, it is frustrating. The edges dictate the course, like rotten bark surrounding the last vestige of a truly strong tree’s heartwood. We truly are “behind enemy lines”. We have one of the largest homeless populations in the US, and they are becoming sicker daily (e.g. typhus,cholera, etc.), we have some of the most prolific and violent gangs throughout the US, we have far too much tolerance for political idiocy (e.g. Jerry Brown’s bullet train..”The Brown Streak”..), and above all else, we have too many people with normalacy bias.
    In the end, embrace those Californian’s “going over the wire” and getting out, seeking common sense, realistic places to settle in and be contributory, and not a parasite.
    …behind the lines, but neither cowed nor cowering..

    • Well…they shut the door, again….

      I don’t blame anyone but me, I live here in sunny California. I am tempted to say “..it could be worse..” but then again, I live in California, so it is.

      If you live outside of the “wire”, cherish and defend that freedom! I have been behind this wall for nearly 50 years, and each year it grows taller, and thicker, driven by the empire builders in Sacramento (..the Brown Streak..) and people disconnected from reality.

      There is a great cosmic connection, linking Los Angeles, San Francisco, Portland and Seattle. It is called the San Andreas Fault. It does not reach up to Portland and Seattle, literally, but figuratively, I suspect it does.

      As the gulf widens, as the “two kinds of people” scenario’s grow, and coalesce, I suspect California may be the proving ground for those simply unwilling to accept governmental interference at all levels of our life.

      …behind the lines, but neither cowed nor cowering..

  7. The door is closing. This pdf michellawyers.com/wp-content/uploads/2019/04/2019-04-04-Order-Staying-in-Part-Judgment-Pending-Appeal.pdf permits Californians to keep magazine purchased from March 29 to April 4, but “stays” the ruling permitting buying more until the case is settled.

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