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California Judge Issued Stay on Magazine Ban to Protect Gun Owners
Ammoland ^ | 18 April, 2019 | Dean Weingarten

Posted on 04/24/2019 10:15:49 PM PDT by marktwain

Gun Magazine 223 556 Ammo

The Honorable Roger T. Benitez issued a stay on his own ruling to protect the hundreds of thousands of people who imported magazines into California while his ruling stood. He did that as a preemptive strike against the Ninth Circuit issuing a stay without the protection for those who had purchased magazines while it was in effect.

He had a choice, issue the stay under his conditions, or have the Ninth Circuit issue the stay under their conditions. He chose wisely.

The Summary Judgment ruling on Duncan v. Becerra was made on on 29 March, 2019. At that point it became legal to own, possess, manufacture, buy and sell magazines.  Three days later, the defendants asked for a stay. Application for Stay pending Appeal on 1 April, 2019

Good cause exists for the ex parte relief requested. If the Court’s Judgment is reversed on appeal, absent a stay of the Judgment pending appeal, the State of California will be irreparably harmed by the influx of large-capacity magazines during the appeal.

On 2 April, 2019, the Plaintiffs opposed a temporary stay.


(Excerpt) Read more at ammoland.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: California
KEYWORDS: 2ndamendment; 9thcircuit; 9thcircus; banglist; ca; california; magazineban; ninthcircuit; ninthcircus; nra; secondamendment
The article explains why Judge Benetiz acted to protect gun owners.
1 posted on 04/24/2019 10:15:50 PM PDT by marktwain
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To: marktwain

In the short time the stay was lifted, thousands of magazines were sold in California. I love the big boxes they were packed in. it looked like the manufacturers were giving California the “finger”.

https://scontent.fhhr1-1.fna.fbcdn.net/v/t1.0-9/56189771_10157187322714859_3548200752423895040_n.jpg?_nc_cat=107&_nc_ht=scontent.fhhr1-1.fna&oh=f1d6117a2461860866f70bdcedcaf1f8&oe=5D740413


2 posted on 04/24/2019 10:21:54 PM PDT by Ruy Dias de Bivar
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To: marktwain

the 9th circus really HAS to have its swamp drained!
it has done more damage to America and our liberties as citizens... than any other single court (except the obvious one)

Drain the Damned Swamp!


3 posted on 04/24/2019 10:23:59 PM PDT by faithhopecharity ( “Politicians are not born; they are excreted.” Marcus Tullius Cicero (106 to 43 BCE))
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To: marktwain

The law is unenforceable from the start. Retroactive laws for legal behavior make law abiding citizens criminals. That can’t stand. This has to end up in front of the SCOTUS.


4 posted on 04/24/2019 10:26:37 PM PDT by Equine1952 (Get yourself a ticket on a common mans train of thought.)
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To: Equine1952

[[laws for legal behavior make law abiding citizens criminals. That can’t stand. ]]

It has stood for many years in a number of states- but yes, it does need to end up in SC so that the states already enforcing laws agaisnt law abiding citizens will be null and void


5 posted on 04/24/2019 11:37:47 PM PDT by Bob434
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To: Bob434

My issue among others is I drive a car, tractor, lawn mower, boat, etc etc. then keep fuel for them. They make it illegal to have the fuel tomorrow and I’m a criminal. This can’t stand. The courts have run rampant, we have to stop this. WE THE PEOPLE means just that. It has to stop.


6 posted on 04/24/2019 11:56:14 PM PDT by Equine1952 (Get yourself a ticket on a common mans train of thought.)
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To: marktwain

That’s ok president-for-life Kamala will fix all the bad gun laws by edict when she gets elected. Her minion Eric will lead the troops in eradicating pesky enclaves of resistors.


7 posted on 04/25/2019 12:30:34 AM PDT by databoss
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To: Ruy Dias de Bivar
In the short time the stay was lifted, thousands of magazines were sold in California.

Millions. In fact, at least one large vendor stated that they had shipped over a millions magazines themselves. A few companies put a hold on orders from other states and shipped exclusively to CA during the window.

8 posted on 04/25/2019 12:44:23 AM PDT by ETCM
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To: marktwain

Field and Stream?


9 posted on 04/25/2019 3:50:23 AM PDT by dangus
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To: marktwain

“Shall not be infringed” has no meaning anymore.


10 posted on 04/25/2019 5:04:52 AM PDT by fella ("As it was before Noah so shall it be again,")
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To: Equine1952

“My issue among others is I drive a car, tractor, lawn mower, boat, etc etc. then keep fuel for them. They make it illegal to have the fuel tomorrow and I’m a criminal. This can’t stand. The courts have run rampant, we have to stop this. WE THE PEOPLE means just that. It has to stop.”

We need to completely overhaul how our Federal Courts operate. They need to have laws imposed on them that will hasten decisions. Give them specific time frames to investigate and rule. I’m done with the SCOTUS sitting around with their collective fingers up their a$$es, while ignoring serious issues that need judicial resolution. If they are going to kill time, make them work it to death. With the exception of the two Trump appointments, they are a pack of lazy $hit balls!


11 posted on 04/25/2019 8:46:15 AM PDT by vette6387
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