Last week, The Conservative Line reported that a Federal Judge had overturned a ban on firearm magazines with more than 10 rounds in California. The National Rifle Association (NRA), the California Rifle and Pistol Association (CRPA) and other gun enthusiast were happy with the overturn, but it seems the victory is short lived.
Yesterday, Judge Roger Benitez “ordered that the Judgement is stayed in part pending final resolution of the appeal from the Judgement.”
This new order goes into effect later today, and it will once again make it illegal for Californians to own magazines.
The CRPA released a statement on the order:
Today’s ruling stays enforcement of the injunction as applied to the restrictions against the manufacture, importation, sale, transfer, and receipt of so-called “large-capacity” magazines, as of 5:00PM TOMORROW, April 5, 2019. In other words, those restrictions will once again be enforceable after that time. But the ruling also clarifies that the injunction against those restrictions will remain in effect “for those persons and business entities who have manufactured, imported, sold, or bought magazines able to hold more than 10 rounds between the entry of this Court’s injunction on March 29, 2019 and 5:00 p.m., Friday, April 5, 2019.”
Additionally, the ruling also makes clear that the preliminary injunction issued in July 2017, which prohibited the enforcement of the “possession” restriction enacted by Proposition 63 and Senate Bill 1446 will remain in effect during the appeal. In other words, California residents who lawfully possess magazines capable of holding more than 10 rounds may continue to possess them while the case is appealed.
That said, it is critical that anyone who possesses one of the magazines in California refuse to talk to law enforcement if asked about their magazine.
The Appeals are not expected to favor the Second Amendment.