I live in California, and there is a good chance you have heard of the legal actions that took place here on March 29, 2019. In short, Federal District judge Roger Benitez threw out Section 32310 of the California Penal Code. That section is below. I highlighted the pertinent parts in red. While Judge Benitez's ruling is long at 86 pages, it is fiery and forceful, and if there ever was an ally in defending the 2A, Judge Benitez is it. The ruling is at the link.
http://michellawyers.com/wp-content...-2019-03-29-Order-Granting-Plaintiffs-MSJ.pdf
-----------------------------------------------------------------------------------------------------------------
ARTICLE 1. Rules Governing Large-Capacity Magazines
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.
--------------------------------------------------------------------------------------------------------------
The judge's ruling instantly made it legal for the first time since 2000, for vendors to sell 11+ round mags to CA and it was legal for Californians to buy them. And we did, in droves. Estimates are that a million or more will flow into the state. The possession part of 32310 was already held up and was not enforceable...due to Judge Benitez back in mid 2017. It is still in litigation.
California of course requested a "stay" of the judge's ruling, and the judge did grant it, taking effect on April 5, 2019, at 5:00 pm PST. I will not get into it, but this was probably a very strategic move by Judge Benitez.
It is how the vendors reacted that truly impressed me. Every supplier has a legal team and each had their own interpretation of the rulings. But, from what I experienced and others have reported, the vast majority of suppliers did all they could to get as many mags into hungry California hands. Many felt they could legally accept any submitted order by April 5, 5:00 pm and ship them later. A few felt the orders had to be shipped by that deadline. Brownells accepted orders up to 6:59 pm CST, or 4:59 PST (they are in Iowa), to ship them later, even for backordered items. Palmetto State Armory (South Carolina) announced they were "shipping freedom" to California, and I must say, it surely felt that way. As one person said, "So this is what freedom feels like". Yes, it is only a feeling that an oppressed person can feel when they are no longer oppressed, however short that may be.
The suppliers I looked at did not raise prices on the mags (there may have been some). Unlike stores who jack up prices on water and essentials during a natural disaster, these firearm vendors generally kept prices flat, and some even cut costs. Not that they needed to do that to increase sales...they were already crushed with overwhelming demand. Some vendors announced they were delaying orders to non-California customers to take care of California people. If this affected or delayed any pending order you had, I am sorry. You have our gratitude for helping us Californians get something many of us have wanted for the last 19 years.
This week has shown a solidarity in the gun community that really impresses me. It even chokes me up a bit if I am being truthful. I feel less alone out here, knowing my firearm brothers and sisters do exist, and support me. And little else feels as good as that.
Thank you.
Phil
http://michellawyers.com/wp-content...-2019-03-29-Order-Granting-Plaintiffs-MSJ.pdf
-----------------------------------------------------------------------------------------------------------------
ARTICLE 1. Rules Governing Large-Capacity Magazines
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.
--------------------------------------------------------------------------------------------------------------
The judge's ruling instantly made it legal for the first time since 2000, for vendors to sell 11+ round mags to CA and it was legal for Californians to buy them. And we did, in droves. Estimates are that a million or more will flow into the state. The possession part of 32310 was already held up and was not enforceable...due to Judge Benitez back in mid 2017. It is still in litigation.
California of course requested a "stay" of the judge's ruling, and the judge did grant it, taking effect on April 5, 2019, at 5:00 pm PST. I will not get into it, but this was probably a very strategic move by Judge Benitez.
It is how the vendors reacted that truly impressed me. Every supplier has a legal team and each had their own interpretation of the rulings. But, from what I experienced and others have reported, the vast majority of suppliers did all they could to get as many mags into hungry California hands. Many felt they could legally accept any submitted order by April 5, 5:00 pm and ship them later. A few felt the orders had to be shipped by that deadline. Brownells accepted orders up to 6:59 pm CST, or 4:59 PST (they are in Iowa), to ship them later, even for backordered items. Palmetto State Armory (South Carolina) announced they were "shipping freedom" to California, and I must say, it surely felt that way. As one person said, "So this is what freedom feels like". Yes, it is only a feeling that an oppressed person can feel when they are no longer oppressed, however short that may be.
The suppliers I looked at did not raise prices on the mags (there may have been some). Unlike stores who jack up prices on water and essentials during a natural disaster, these firearm vendors generally kept prices flat, and some even cut costs. Not that they needed to do that to increase sales...they were already crushed with overwhelming demand. Some vendors announced they were delaying orders to non-California customers to take care of California people. If this affected or delayed any pending order you had, I am sorry. You have our gratitude for helping us Californians get something many of us have wanted for the last 19 years.
This week has shown a solidarity in the gun community that really impresses me. It even chokes me up a bit if I am being truthful. I feel less alone out here, knowing my firearm brothers and sisters do exist, and support me. And little else feels as good as that.
Thank you.
Phil
Last edited:
