9th Circuit Court of Appeals Rules in Favor of Gun Owners!
KNOW THE FACTS BEFORE RUSHING TO BUY!
HERE ARE SOME Q&A’S ON THE ISSUE:
Can Californians now buy magazines that hold more than 10 rounds?
NO. Firearm retailers should continue to hold back from selling or shipping large cap magazines to California until the appeal is resolved or the stay is modified and or lifted.
How is this different from 2019’s “Freedom Week”?
In 2019, Judge Roger Benitez issued an injunction declaring that California’s magazine laws were unconstitutional. California’s Attorney General Xavier Becerra was so angry with the 2019 decision that he demanded Judge Benitez issue a “stay” of his own injunction. Becerra threatened to make an immediate appeal to the 9th Circuit, which would have shut the door to Freedom Week. Thus, Benitez issued a stay that began a week after the decision, giving Californians the ability to purchase over 1 million magazines.
Didn’t the August 14th opinion overturn the stay issued by Judge Benitez?
NO. When Judge Benitez issued his stay he said it would remain in place until the appeal by the Attorney General was resolved. Unless Judge Benitez lifts his stay and is satisfied that the 3-judge panel opinion resolves the issue, the stay remains in effect. We will have to wait to see if Becerra chooses to ask for an en banc (the entire court) hearing on the case or whether he appeals it directly to SCOTUS.
What are the chances that Attorney General will succeed?
Because President Trump has made so many appointments to the 9th Circuit Court, it has brought the balance to near parity, and it is no longer a slam dunk that the en banc panel will be comprised of a strong leftist majority. Finally, if Becerra chooses to avoid this judicial crap-shoot and appeal directly to SCOTUS, there is an even greater chance that they will not grant certiorari (motion to be heard) which will uphold the lower court ruling. This would mean a win for us.
Can I get in trouble if I buy standard capacity or large capacity magazines right now?
You could … but the risk is up to you. Do you have confidence that our leftist AG will let this issue go? Gun Owners of California wholeheartedly believes he will pursue his anti-2nd Amendment agenda until the bitter end. This is why we are strongly recommending neither the sale nor purchase of standard capacity magazines at this time.
WE MUST BE PATIENT. PLEASE CONTINUE TO SUPPORT GOC’S EFFORTS ON THIS AND ALL OTHER 2ND AMENDMENT ISSUES HERE IN CALIFORNIA!