Breaking: Justice Kennedy May Be Considering Hi Cap Mag Ban Stay In CA

Discussion in 'Political Issues' started by humanguerrilla, Mar 11, 2014.

  1. humanguerrilla

    humanguerrilla

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    Last edited: Mar 12, 2014
  2. SJ 40

    SJ 40 Deplorable,Clinger

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    I hope that turns out to be the case. SJ 40
     

  3. Gundude

    Gundude

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    As far as I can tell, it won't make much difference in CA outside of a couple of localities, because possession of hi-cap magazines has always been, and still is, legal in CA.

    I don't think the CA-wide ban on transfer or import of the magazines is under challenge. I have my doubts that a win in in this case can be parlayed into a win on the statewide ban.
     
  4. whoflungdo

    whoflungdo

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    But it could help determine what is "reasonable" in other locales. It could help CT, NY, NJ, CO, etc..
     
  5. Alizard

    Alizard

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    The hi cap ban will probably be upheld for a couple of reasons:

    1) There is precedent. Other cities in other states already have high cap bans in place.

    2) Since there are ten round mags available for nearly every handgun, the hi cap ban does not significantly block a person from having or shooting his gun. It just makes him turn in his hi caps and replace them with ten rounds.

    It will be interesting, but I doubt the ban will be struck down.
     
    Last edited: Mar 12, 2014
  6. CAcop

    CAcop

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    This ban does take away a person's right to an otherwise legal magazine in their home. I think he is going for a Heller/McDonald decision for magazines that they did for firearms in general.

    Something people have to remember about Kennedy is that he isn't so much a moderate or a swing justice, he is something of a libertarian. Just not a way out there libertarian.

    I think with the current make up of the court we very well may see mag cap bans go away.
     
  7. Alizard

    Alizard

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    But the question it hangs on, is the restriction unreasonable? Ironically, the fact that the AWB already occurred and caused magazine makers to make so many ten round mags probably means it is not. If ten round mags were not readily available, it probably would be an unreasonable restriction.... but there are tons of them around. So the law takes away one mag but it can be easily (and pretty cheaply) replaced by a legal one.

    The ruling will come, I will be very shocked if they overturn the ten round mag ban. In fact, I think it will rapidly spread to other cities.

    Very slim chance. Courts are very averse to overturning settled case law. Time will tell.
     
    Last edited: Mar 13, 2014
  8. hogship

    hogship A republic, if you can keep it! Silver Member

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    Availability of 10-rd magazines isn't going to enter the question of "reasonable" restriction.....because magazines of any capacity can be easily manufactured.

    It's a guarantee that if a 10 round maximum capacity is found to be a legally reasonable restriction, that somewhere there will be an attempt to take it to the next step......and, the next step will almost certainly be 6-rounds, which opens the door to a semi-automatic ban........connect the dots.......revolvers would be the "lefties" next reasonable argument for why semi-automatics aren't needed......:shocked:

    (Anybody ever wonder why NY has limited magazines to 6 rounds?........think about it. :steamed:)

    ooc
     
    Last edited: Mar 13, 2014
  9. Speleothem

    Speleothem

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    Ain't nuthin' "reasonable" 'bout a Glock 17 with a 10 round mag in it. :supergrin:
     
  10. CAcop

    CAcop

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    Sunnyvale's ban is about lawfully possessed mags having to be taken out of the city one way or another. People have had these mags since 2000. Now they have to turn them in?

    I think this will be an easy case to make it is unreasonable.

    It is the same as if Sunnyvale made it illegal to possess anything other than a plug in electric vehicle while in the city.

    Not to mention cities cant make tougher laws than the state in CA. They are trying to carve out an exemption for Oakland but that is being done in Sacto. And that is failing because even the legislators see that as a Pandora's box.