168 – California Mag Laws Questions Answered | The Benefit of Procedural Control and Delay

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The August 14th ruling by the Ninth Circuit Court of Appeals in the case of Duncan v Becerra (the California Magazine Ban) is turning out to be a salutary lesson to retailers, California gun owners, and even the staff at GunMag Warehouse. There is far more to it than what many people might seem. In Episode 168 of The Mag Life Podcast we discuss the vagaries of that ruling, why and how it happened, what we can expect to happen next, and why California Gun Laws should be the concern of every gun owner in every state.

We also address some of the absurdities.

That said, there is a reason for the much-reviled delay that gun owners are suffering through — and it’s a good reason.

You may have heard (or even said) something like this: It’s unconstitutional? Well then, that law doesn’t apply. I can buy magazines!

Wrong.

Counterintuitive as it might seem, it’s a Good Thing that we have to wait — because if this was an issue we were against, then they would have to wait. It’s about checks and balances, and that is very much in everyone’s favor.

There are a couple of things you should remember when you listen to this episode:

  1. We know what a standard magazine is. We use terms like “high capacity”, “large capacity”, and even “assault weapon” here because that is the language of the court. We are striving for clarity.
  2. Many of the points brought up and discussed came directly from social media comments or questions submitted to GMW HQ by email. If you have questions that weren’t addressed, hit us up in the comments below. We’ll try to get ’em answered in a future episode.

Host: Daniel Shaw

Guest: John Dillon

Intro/Transcription: David Reeder

California Gun Laws

California’s Magazine Ban and the Benefits of Procedural Control

Timeline

00:10 Introducing John Dillon

02:00 Challenging California’s assault weapon ban.

03:30 An example of current efforts: Miller v. Becerra.

05:00 Explaining how gun control legislation is so often spawned in California.

05:50  Large capacity magazines. Constitutionality, injunctions, summary judgments, and appeals. The original Benitez ruling on common use and strict scrutiny, and why it matters.

09:40 The gratifying support for Californians displayed by customers in other states.

10:30 California’s response to the original injunction: the stay granted against buying, manufacturing, etc. (but not owning”, “until final resolution on appeal”).

When it comes to litigation, courts, and laws, you must adhere to procedures, including (perhaps especially) with regard to a “final resolution” or what is called a “final entry of judgment”. That is why the ruling did not immediately make the purchase of LCMs legal. The State of California still has options.

12:00 The ruling has been handed down. Now you can buy magazines again, right? No.

22:00 Why it maybe 90 days or so until the stay is lifted and purchasing magazines becomes lawful.

Procedurally, the August 14th 9th Circuit ruling is not a ‘final resolution”. California can still file a motion for reconsideration, can seek to have all 11 Ninth Circuit judges review it instead of just 3, or even file a Writ of Certiori, which requests the Supreme Court to consider the case.

25:00 Reminder of why such delays are beneficial. Checks and balances work both ways, which is good for all of us. In fact, this sort of procedural control saved California residents from potential criminal action when the magazine ban first went into place.

31:00 If magazines were successfully purchased during the initial confusion, are they illegal? What are the owners’ options? Keep it? Return it?

37:50 Civil action vs. “going kinetic”: the excellent example set for all of us by the Founding Fathers.

40:00 Why it’s important to support gun owners and pro-gun organizations in California no matter where you live.

49:33 A call to action. California gun laws can affect all of us because of “persuasive authority” (among other things). That is why it’s important to support them. Many states and (and other courts) are taking their cue from what happens in California.

 

Sites, Resources, and Additional Information

Firearms Policy Coalition

Duncan v. Becerra

Kolbe v. Hogan

Caetano v. State of Massachusetts 

District of Columbia v. Heller

Firearms Policy Coalition on social

John Dillon on social

Daniel Shaw on social

Gunmag Warehouse’s own Director of Marketing, Daniel Shaw is a retired US Marine Infantry Unit Leader with multiple combat tours and instructor titles.  Since retirement from the Marine Corps, Daniel teaches Armed Citizens and Law Enforcement Officers weapons, tactics and use of force.

Daniel takes his life of training and combat experience and develops as well as presents curriculum and creates digital media content to help Law Enforcement, US Military and Responsible Armed Citizens prepare for a deadly force encounter.  When he isn’t directing marketing for Gunmag Warehouse, Daniel travels the US teaching and training under his company, Shaw Strategies, and discusses all things hoplological and self-defense related on The MagLife Podcast.