still LEGAL TO BUY UNTIL 5PM TODAY april 5th- BLOW BY BLOW -Duncan vs Becerra - California magazine ban UNCONSTITUTIONAL -partial STAY ISSUED...

Individual liberty and freedom are not outmoded concepts.“The judiciary is –and is often the only –protector of individual rights that are at the heart of our democracy.”

--Senator Ted Kennedy, Senate Hearing on the Nomination of Robert Bork, 1987.

I still use clips

...To load the magazines

Eat shit gavin newsom and libscum

the court battle continues

court issues judgement

IT IS HEREBY ORDERED AND ADJUDGED:
Defendant Attorney General Xavier Becerra, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order, or know of the existence of this injunction order, are enjoined from enforcing California Penal Code section 32310.

[link to michellawyers.com]



california attorney general files for a "stay"

requesting in the application an immediate, temporary stay pending the Court’s consideration of the ex parte application, in an effort to preserve the status quo


citing "good cause"

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. Attached hereto as Exhibit 1is a true and correct copy of a social media post on Facebook.com by an out-of-state firearms retailer, indicating that it will accept orders for LCMs by California residents and expects an increase in order volume as a result.If Section 32310 is ultimately reinstated by the Ninth Circuit, those new LCMs will be rendered illegal under state law, and it will be difficult for the State to remove these new LCMs.A stay pending appeal will preserve the status quo as it existed prior to the entry of the Judgment





and as an exhibit the 'attorney general' uses Palmetto State Armory's website and facebook posts about getting ready to ship magazines to california


[link to michellawyers.com]

(exhibits at the bottom of doc)




cal attorney general files
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT’S EX PARTE APPLICATION TO STAY JUDGMENT PENDING APPEAL
citing a whole boatload of various psycho babble and BULLSHIT

[link to michellawyers.com]

attorney general becerra files more desperate pleas for a stay

Even if this Court, or the Ninth Circuit, ultimately issues a stay pending appeal, the State will suffer irreparable injury if LCMs are permitted to flow into the State in the interim. Defendant respectfully requests that such a temporary stay be issued by no later than April 2, 2019.

California has restricted the acquisition of LCMs for nearly two decades, and until the Judgment is stayed pending appeal, individuals will be free to acquire new LCMs,and there is evidence that sales have begun already.

[link to michellawyers.com]






Last Edited by Le Comte de Saint Germain on 04/03/2019 10:49 PM

Plaintiff ( that's we the people)

file to inform the court that it's already too late:



Plaintiffs oppose the State’s request for a temporary stay of the judgment while the Court considers the State’s Ex Parte Application to Stay Judgment Pending Appeal of this Court’s Order Granting Plaintiffs’ Motion for Summary Judgment. Plaintiffs understand the State’s concerns, but should the judgment be stayed immediately, even if only temporarily, countless otherwise law-abiding Californians who have already ordered LCMs in reliance on the Court's order but have not received them would unjustly be subjected to severe criminal penalties without notice.

[link to michellawyers.com]

enemies of the people (cali attorney general) file a response to the above opposition

[link to michellawyers.com]


saying there is NO EVIDENCE countless californians have already ordered regular capacity magazines !!!!!!!!!!!






Plaintiffs’ Opposition to Defendant’s Ex Parte Application for Temporary Stay of the Judgment acknowledges that “countless” California residents have ordered new LCMs following this Court’s Judgment. (Opp’n at 2:5.)1Plaintiffs “understand the State’s concerns.” (Opp’n at 2:4.) Nevertheless, they oppose Defendant’s reasonable and limited request for a temporary stay while the Court considers the ex parte application for a stay of the Judgment pending appeal out of concern that individuals who have ordered new LCMs would be in violation of California Penal Code section 32310(a). Plaintiffsoffer no evidence that there are any Californians who have either ordered or are currently in possession of LCMs in reliance on the Court’s ruling. And even if such residents exist, that does not militate against a stay. To the contrary, an immediate stay is necessary to prevent further irreparable harm to the Stateand to avoid potential harm to individuals acting in reliance on the Judgment before the request for a full stay is considered




Last Edited by Le Comte de Saint Germain on 04/03/2019 10:50 PM

the saga continues
we the people file more common sense arguments pointing out the state is FULL OF SHIT

[link to michellawyers.com]



TheState has failed to meet its burden to establish that this extraordinary relief is warranted here.First, it has not—and cannot—establish that it will suffer any real, irreparable harm absent a stay. On the other hand,a stay will cause Plaintiffs and millions of California residents to endure even moreviolations of their constitutional rights.And third, staying the injunction nowwould subject countless California residents who have ordered magazines in the wake of the Court’s ruling (but have not yet received them) to severe criminal penalties without notice. The State’s motion should be denied

ARGUMENTI.
THE STATE HAS NOT SHOWN A STRONG LIKELIHOOD OF SUCCESS


II.THE STATE HAS NOT SHOWN THAT IT WILL SUFFER IRREPARABLE HARM


III.THE STATE HAS NOT SHOWN THAT THE BALANCE OF HARMS TIPS IN ITS FAVOR


IV.THESTATE CANNOT SHOW THAT THEPUBLIC INTEREST WILL BE SERVED BY A STAY



CONCLUSIONFor these reasons,the Court should deny the State’smotion for a stay in its entirety.




Last Edited by Le Comte de Saint Germain on 04/03/2019 11:18 PM

plaintiffs (we the people) file a Declaration with actual real evidence that californians have already bought the magazines!

[link to michellawyers.com]


Attached hereto as Exhibit 1is a true and correct copy of an article posted on Ammoland.com titled “Companies Crushed with Heavy Demand for Gun Magazines from California,” posted on April 2, 2019, by John Crump.

[link to www.ammoland.com (secure)]

/#axzz5k3kBBoMP.10.Attached hereto as Exhibit 2is a true and correct copy of an article titled “Sales Soar After Judge Rules California’s Decades Long Ban On High-Capacity Ammunition Magazines ‘Unconstitutional’” by Christina Fan and posted online at

[link to abc30.com (secure)]

on April 3, 2019.

Plaintiff, (we the people) file a declaration by President and Chief Executive Officer of Palmetto State Armory,


[link to michellawyers.com]

Charles David Wylie, Jr

who states:

Since the issuance of the Order, Palmetto State Armory has received, accepted, processed, and shipped orders from thousands of residents of the State of California for firearm magazines with a capacity greater than ten (10) rounds. I declare under penalty of perjury that the foregoing is true and correct.




Last Edited by Le Comte de Saint Germain on 04/04/2019 12:20 AM

the battle goes

EPIC

some random comment from ammoland:



I just a heard a talk show host say he had called and talked to several suppliers of magazines now selling to California and was told privately sellers are dumping mags into California for the coming civil war.

A lot of people are starting to realize we are going to have some type of social unrest in the near future and are preparing. Whether it is a civil war or not is yet to be determined. But people are stockpiling Food, medical supplies and ammo.
Most people are saying the Democrats have failed us, the republicans have failed us and Trump is either failing us or has failed us. [most reference the stupid bump stock ban and the border invasion for trumps failures]

A lot of people saying the country is in full collapse and its not going to get better for some time to come.
Reply

and here it is folks

order your very own 30 round ar-15 magazine with the portrait of Judge Roger T Benitez printed on it

the cali saviour
only $25

[link to mysoutherntactical.com (secure)]

Just ordered some Magpul mags. Nice to have freedom back.

They have 60 rd. drums, too!!

the Benitez magz are sold out too

Cal attorney General (defendant) files
RESPONSE TO PLAINTIFFS’ OPPOSITION TO DEFENDANT’S EX PARTE APPLICATION TO STAY JUDGMENT PENDING APPEAL

[link to michellawyers.com]


doubling down on his reasoning for a stay of the decision

This apparent flood of new large-capacity magazines into the State poses an unacceptable danger to public safety. Beyond that, a stay is needed to limit the number of people whowillhave “sold, shipped, or purchased magazines over ten rounds” in the period between when the Court entered its orderand it (or the Ninth Circuit) grants a stay. Opp’n at 10:10-11.Indeed,even Plaintiffsacknowledge that these newly purchased large-capacity magazines will be rendered unlawful if Defendant prevails on appeal and that “the law will require these individualsto divest themselves of their newly acquired magazines.

defendant Xavier Becerra Cal Attorney General files

NOTICE OF APPEAL

[link to michellawyers.com]

Defendant Xavier Becerra, in his official capacity as the Attorney General of the State of California, hereby appeals to the United States Court of Appeals for the Ninth Circuit from this Court’s final judgment

Judge Benitez Orders a STAY

[link to michellawyers.com]


THEREFORE, IT IS HEREBY ORDERED that the Judgment is stayed in part pending final resolution of theappeal from the Judgment. The permanent injunction enjoining enforcement of California Penal Code §32310(a) and (b)is hereby stayed,effective 5:00 p.m., Friday, April 5, 2019.

IT IS HEREBY FURTHER ORDERED that the preliminary injunction issued on June 29, 2017, enjoining enforcement of California Penal Code §32310(c) and (d) shall remain in effect.


IT IS HEREBY FURTHER ORDERED thatthe permanent injunction enjoining enforcement of California Penal Code §32310 (a) and (b)shall remain in effect for those persons and business entities who have manufactured, imported, sold, or bought magazines able to hold more than 10 rounds betweenthe entry of this Court’s injunction on March 29, 2019and 5:00 p.m., Friday, April 5, 2019.Dated: April 4, 2019

after 5:00pm tomorrow april 5 2019 section (a) and (b) of PC 32310 are no longer enjoined which means it is in effect.

Benitez's order:
Quote:
THEREFORE, IT IS HEREBY ORDERED that the Judgment is stayed in part
pending final resolution of the appeal from the Judgment. The permanent
injunction enjoining enforcement of California Penal Code § 32310 (a) and (b) is
hereby stayed, effective 5:00 p.m., Friday, April 5, 2019.

IT IS HEREBY FURTHER ORDERED that the preliminary injunction issued
on June 29, 2017, enjoining enforcement of California Penal Code § 32310 (c) and
(d) shall remain in effect.
(a) and (b) back in effect starting 5:00pm tomorrow; (c) and (d) are still enjoined from enforcement (not active)

Quote:
PENAL CODE - PEN
PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34370] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. )
TITLE 4. FIREARMS [23500 - 34370] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. )
DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33690] ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. )
CHAPTER 5. Large-Capacity Magazine [32310 - 32450] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. )

ARTICLE 1. Rules Governing Large-Capacity Magazines [32310 - 32390] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

32310.
(a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who 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 is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

(b) For purposes of this section, “manufacturing” includes both fabricating a magazine and assembling a magazine from a combination of parts, including, but not limited to, the body, spring, follower, and floor plate or end plate, to be a fully functioning large-capacity magazine.

(c) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing July 1, 2017, any person in this state who possesses any large-capacity magazine, regardless of the date the magazine was acquired, is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, or is guilty of a misdemeanor punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

(d) Any person who may not lawfully possess a large-capacity magazine commencing July 1, 2017 shall, prior to July 1, 2017:

(1) Remove the large-capacity magazine from the state;

(2) Sell the large-capacity magazine to a licensed firearms dealer; or

(3) Surrender the large-capacity magazine to a law enforcement agency for destruction.

(Amended November 8, 2016, by initiative Proposition 63, Sec. 6.1.)
You got what you got after 5:00pm tomorrow.

Last Edited by Le Comte de Saint Germain on 04/04/2019 09:41 PM

If you bought them or made them before end of april 5th you can keep them

you can not buy or make any after that until the case is resolved

what counts as "acquisition" before the 5:00pm stay takes effect tomorrow? Is it placing an order? Is it being tossed on a truck for shipment? Is it actually receiving the items physically in person after delivery?

Bet people are kicking themselves now for not spending a little extra on next or two day delivery :)

Raunchy liberals should start worrying about culture control, not gun control.

America has more anti-weapon laws today than it did over 60 years ago. Yet thugging and violence are higher during this era of the US than decades ago.

In turn, crap like rap music, which glorifies "N---er", hos, pimping, shooting, thumping, mugging, fucking and sucking are more brazen than ever before. Cultural trends that would have been unheard of when even the phrase "water closet" stirred some controversy on late-night TV (NBC's Jack Parr show) during the 1950s. When a major actress was shunned by Hollywood, no less, because she gave birth to a child with a guy who wasn't her husband.

Coincidence?

Nope.

Thanks, libtards. Thanks for nothing.



.

[link to youtu.be (secure)]

[link to youtu.be (secure)]

CRPA ALERT: Judge Grants Partial Stay in Magazine Judgment

[link to crpa.org (secure)]