UPDATE — April 4th: Comrade Becarra got a stay issued, that goes into effect at 5 PM Pacific Time on April 5th. See my April 5th blog post about this.
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There was some great news late last week, when we heard that California’s onerous 11+ round magazine ban was overturned by a Federal judge. The California law had been in effect since January 1, 2000. Finally, a magazine ban victory!
The 86-page Duncan v. Becerra court ruling itself is worth reading, since it includes a lot of historical and legislative background.
Note: I am not a licensed attorney, so the following is for informational purposes only. It should not be considered legal advice.
Null & Void
Thankfully, California’s magazine laws have been effectively rendered null and void. The Duncan v. Becerra ruling puts the state government in an awkward position: If they challenge it with an appeal to the Ninth Circuit court, then they might lose. And even if the liberal Ninth circuit sides with them, then it would surely be appealed to the U.S. Supreme Court. And that of course would have wide-reaching effects. Negative rulings are now much more likely, since the California governor signed an outright ban — that would have banned the magazines that had originally been grandfathered in 2000. That ban had been scheduled to go into effect in 2017. But its was delayed by a court order, and now the Duncan v. Becerra has effectively invalidated both the 2000 and 2017 magazine ban laws.
Given the new court precedent, the California legislature would have to craft some sort of weasel-worded ban that would work its way around the strictures of Duncan v. Becerra. Anything more than that would probably be struck down by the Federal courts. What I predict is that the California legislature will attempt to enact some sort of behavioral ban vis-a-vis magazines, rather than a outright possession ban. I’d rather not go into detail about this, for fear of giving those tyrants any ideas.
Continue reading“Magazine Ban Victory for Californians — Stock Up!”