Court case

CRC

Old Mossy Horns
Duncan vs Becerra in 9th Circuit COA regarding firearm clips and mags over 10 rounds

California appealed a lower court ruling Ca ban on mags over 10 was unconstitutional.

Groups on both sides are now filing briefs

No idea when the case will be heard
 

pattersonj11

Old Mossy Horns
I believe this would be pertinent either way. I’m sure it is regarding magazines.....but the ruling should apply to mags, clips, drums, and even the tubes.

Then again, CA knows how to muddy it up.
 
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CRC

Old Mossy Horns
Is this pertaining to clips, or magazines?
There is a difference.
Both plus drums, feed strips, belts ect that feed into a firearm.

Anything, except a permanently attached tube capable of using only 22 rimfire, holding more than 10 rounds is against Ca law.

Lower court judge ruled that the total ban recently enacted there was unconsitutional (even granfathered devices over 10 rounds were recently outlawed) and it was appealed by the state to the 9th Circus.

Democrat attorneys general are siding with Ca. No surprise there.
 

LanceR

Six Pointer
Contributor
It'll be interesting to see how this plays out and also to see what reasoning each side brings to the table. There is precedent in some federal courts for state magazine capacity bans to be overturned although I don't know of any cases in the 9th circuit area.

In New York, a Western NY federal judge overturned Cuomo's SAFE Gun Act provisions making possession of a magazine of over 10 rounds capacity a misdemeanor and "knowing possesion " a felony as arbitrary and capricious. If I remember the ruling correctly, the judge ruled that the state hadn't proved that any particular magazine capacity was more or less safe than any other capacity and so it couldn't limit them.

That ruling only applied in the Western NY court's district and not in the whole state. The state knew it is on shaky legal ground and chose to not appeal the ruling as the appeal, if it went against the state, would have eliminated the magazine ban the whole state. As of 2017, when we moved out of NY, the state AG and State Police had a policy of not enforcing the ban in the rest of the state in order to keep enforcement policy standard across the state. But they will prosecute in the rest of the state if the high capacity magazine has some involvement with some other crime.

Interestingly, many upstate sheriffs and DAs have clear policies that they will not seek to enforce the magazine capacity bans (absent other aggravating factors) either. And some have declined to seek charges for possession and otherwise lawful use of firearms outlawed by the SAFE Act.


Lance
 

CRC

Old Mossy Horns
I was under the impression under the SAFE Act you could keep your 10 round magazines and clips but not load more than 7 rounds into one.
 

LanceR

Six Pointer
Contributor
I was under the impression under the SAFE Act you could keep your 10 round magazines and clips but not load more than 7 rounds into one.
The issue in the act and court was magazines of over 10 rounds capacity.

Not surprisingly all the SAFE Act did was make felons of a couple hundred thousand otherwise legal gun owners. As written, the act shielded the State Police from releasing compliance info on the "assault" weapons registry. After a few years in the courts the courts made the NYS SP release the info as to how many had registered thier weapons. The total number of registers "assualt" weapons was smaller than the estimated total privately held by law enforcement officer let alone the general public.....


Lance
 
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