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2A 9th Ciruit California high capacity magazine ban RKBA

9th Circuit Court ends California’s ban on high capacity magazines!

 I logged onto Facebook today and saw a post on one of the citizen defense groups that the 9th Circuit Court has ended the ban on high capacity magazines in CA.  I thought it was relating to older articles or that it was a troll post, but when I searched on it via Google, the below showed:

The article I’m reading was published by the San Diego Union Tribune.  

An excerpt:

A three-judge panel of the 9th U.S. Circuit Court of Appeals on Friday threw out California’s ban on high-capacity ammunition magazines, saying the law violates the U.S. Constitution’s protection of the right to bear firearms.

“Even well-intentioned laws must pass constitutional muster,” Appellate Judge Kenneth Lee wrote for the panel’s majority. California’s ban on magazines holding more than 10 bullets “strikes at the core of the Second Amendment — the right to armed self-defense.”

 Some other posts regarding high-capacity magazine (I hate that term) bans:

https://itsallaboutthatgun.blogspot.com/2017/06/judge-blocks-high-capacity.html

https://itsallaboutthatgun.blogspot.com/2015/03/ca-and-off-roster-guns.html

https://itsallaboutthatgun.blogspot.com/2020/06/freedom-week-used-as-defense-for-ca-man.html

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California Freedom Week magazines

CA Man Charged With Buying “High Capacity” Magazines

Sourced from ABC30.com:

Freedom Week used as defense for South Valley man facing gun magazine charges.

https://abc30.com/freedom-week-pheng-yang-gun-law-challenge-tulare-county/6241874/?fbclid=IwAR3K8RLhpfIWEttlHRwXP-ZO9yEltqohECfk8x65wMOr5AZcLcFJcb7-aOg

Summary:

Pheng Yang purchased standard capacity magazines when a judge ruled last year that the CA law banning magazines with a higher capacity than 10 rounds was unconstitutional.  The ruling lasted a week before it was reversed, but this time frame allowed CA citizens to purchase standard capacity mags during that span of time (called Freedom Week).  

The ruling (also the reversing) judge stated that the law could not be enforced against those who bought standard capacity magazines during Freedom Week.  

The judge’s statement will now be tested, as Pheng’s brother is a felon and a parole search was issued, which meant that Pheng’s home had to be searched.  Deputies found the magazines during the search.  Felony charges were filed against Pheng.

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2A 2nd Amendment California high capacity judge magazine ban Roger Benitez

Judge Blocks ‘High Capacity’ Controversial and Upcoming California Mag Ban

Judge Blocks ‘High Capacity’ Mag Ban to Prevent Criminalization of Law-Abiding Californians

On June 29 — two days before California’s “high capacity” magazine ban was set to take effect — U.S. District Judge Roger Benitez blocked the ban to prevent “otherwise law-abiding” citizens from being criminalized.

Benitez ruled that the ban takes away Second Amendment rights “and amounts to the government taking people’s private property without compensation.”

Freilich did not address the fact that the high-profile shooting in Santa Barbara — May 23, 2014 — was carried out with “standard” magazines of 10 rounds.

I’m glad there’s at least one non-corrupt judge in CA doing his appointed duty.  I’m still trying to determine why it’s bad to have more than 10 rounds in a magazine.  Even if criminals obeyed this law (they won’t), it’s trivial to remove an empty 10-round magazine from a handgun and replace it with another 10-round magazine.  It can be done very quickly.  But that’s IF a criminal decided to use 10-round mags.  It’s stupid…if a guy is willing to rob a bank, what makes you think that he’s going to follow a magazine limit law?  “Oh, I have to go out and buy 10 round mags before I rob this bank…can’t use 15-round mags…that’s against the law…derp.”

I’ll be watching how this one plays out.

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AZ CA California CCW CO firearms moving NM NV OR VA

Nope, Not Moving to CA!

I’ve had a change of heart and cancelled my plans to move to CA.  Why?  After thinking on it for months, I’ve determined that I’d be a fool to move to a state that limits it’s citizen in the manner that CA does (and not just with guns, but with everything).  After submitting for my VA CCW, I had a license in hand eight days later.  In CA, depending on the county, the CCW permit process could take up to 1.5 years, with a year wait almost guaranteed.  The gun laws are generally very restrictive, even if you’re not carrying.  10-round mags.  A highly restrictive list of guns that can be sold to you via retail.  Lots of red tape even selling used guns from one CA citizen to another.  I’ve lived there before…I didn’t like it then, either, and I wasn’t even into guns then.  Some advice:  never ever try to ignore yourself when your conscious is giving you bad vibes about a decision you’re trying to make.  I already feel much better about myself, now that I’ve decided not to move to that state.

I told my wife that I’d be receptive to moving to a border state (NV, AZ, OR) or states that are relatively close to CA (Utah, Colorado, New Mexico).  She only wants CA, but that’s not going to happen.  She thinks someone influenced my decision.  No, I just woke up.

So, I’ve got 10 guns now, and the only reason I bought the majority of them was because they aren’t available via retail in CA.  That doesn’t bother me since they’re excellent guns.  It does mean that I probably won’t be getting any guns for awhile, but that’s fine too.