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Judge blocks Califederation high-cap mag ban


Yarome

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1 hour ago, pjstough said:

Your are correct the Constitution is irrelevant when it comes to deciding how many rounds a magazine can legally hold.  I believe that was my point.

And a magazine is not a firearm, and not subject to any handgun ban. Case law also supports that they are necessary for a firearm to function and can not be banned as an end run around the constitutionality of firearm ownership. California's magazine ban requires legally purchased and owned property to be disposed of with no compensation. How is that legal?

How would you you feel if California suddenly decided that your Winnebago could only hold 15 gallons of fuel? 

MY PEOPLE SKILLS ARE JUST FINE.
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Just now, KodiakJack said:

Agree there is no mention of concealed carry or reciprocity in the Constitution and you are correct people certainly have the right to bear arms.  The Constitution provided this right.  So how can concealed carry reciprocity, carrying or bearing of arms in any manner not be related to the Constitution?

Again it is my belief that concealed carry reciprocity would benefit all travelers especially full-time RV'ers by providing uniform provisions throughout all of the states.

Later,

J

How do you get around the 10th Amendment?

2005 Winnebago Voyage 38J

 

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1 minute ago, Big5er said:

And a magazine is not a firearm, and not subject to any handgun ban. Case law also supports that they are necessary for a firearm to function and can not be banned as an end run around the constitutionality of firearm ownership. California's magazine ban requires legally purchased and owned property to be disposed of with no compensation. How is that legal?

How would you you feel if California suddenly decided that your Winnebago could only hold 15 gallons of fuel? 

What case law are you citing?  Is there a requirement that you can not sell the magazines in question?

If California passed a law on the limit of gasoline in my motorhome, I would probably do just what you are doing about magazine size, get on an RV forum and complain about it.  :)

2005 Winnebago Voyage 38J

 

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8 minutes ago, pjstough said:

 Is there a requirement that you can not sell the magazines in question?

Obviously you have not bothered to become informed about the subject we are talking about. The means of disposal are plainly listed, if you would bother to read the law. 

You might want to go educate yourself on the topic and come back. 

MY PEOPLE SKILLS ARE JUST FINE.
~It's my tolerance to idiots that needs work.~

2005 Volvo 780 VED12 465hp / Freedomline transmission
singled mid position / Bed by Larry Herrin
2018 customed Mobile Suites 40KSSB3 

2014 smart Fortwo

 

 
 
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7 minutes ago, pjstough said:

How do you get around the 10th Amendment?

Are you suggesting that the 10th Amendment can be used to circumvent other provisions of the Constitution?  Until recently this was exactly the case in the state of Illinois where individuals were prevented from bearing concealed arms. 

Later,

J

2012 Landmark, San Antonio

2013 Silverado CC, 3500HD, Duramax, DRW, 4x4

Backup, side and hitch cameras, Tireminder TPMS

 

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You need to go read the SCOTUS decision on the 2nd Amendment again.  While they affirmed that individuals have the right, they also agreed that cities/states have the right to impose safety requirements on those who have guns.  And I'd bet that the 9th Circuit will cite that SCOTUS opinion in ruling that the state can limit magazines to 15 rounds.

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6 minutes ago, Big5er said:

Obviously you have not bothered to become informed about the subject we are talking about. The means of disposal are plainly listed, if you would bother to read the law. 

You might want to go educate yourself on the topic and come back. 

I will take that to mean you dont know.

2005 Winnebago Voyage 38J

 

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6 minutes ago, KodiakJack said:

Are you suggesting that the 10th Amendment can be used to circumvent other provisions of the Constitution?  Until recently this was exactly the case in the state of Illinois where individuals were prevented from bearing concealed arms. 

Later,

J

I could see the 10th Amendment preventing nationwide reciprocity laws.

2005 Winnebago Voyage 38J

 

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12 minutes ago, Barbaraok said:

You need to go read the SCOTUS decision on the 2nd Amendment again.  While they affirmed that individuals have the right, they also agreed that cities/states have the right to impose safety requirements on those who have guns.  And I'd bet that the 9th Circuit will cite that SCOTUS opinion in ruling that the state can limit magazines to 15 rounds.

I am inclined to agree that your bet that the 9th Circuit will likely cite this (and other) provisions is probably correct.  Never forget that it was the 9th Circuit that ruled that the Pledge of Allegiance was unconstitutional.  

Later,

J

2012 Landmark, San Antonio

2013 Silverado CC, 3500HD, Duramax, DRW, 4x4

Backup, side and hitch cameras, Tireminder TPMS

 

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16 minutes ago, pjstough said:

I could see the 10th Amendment preventing nationwide reciprocity laws.

I am sure this argument will be made both in the courts and in Congress but it remains to be seen if it will ultimately be successful.

Later,

J

2012 Landmark, San Antonio

2013 Silverado CC, 3500HD, Duramax, DRW, 4x4

Backup, side and hitch cameras, Tireminder TPMS

 

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33 minutes ago, pjstough said:

I will take that to mean you dont know.

Yes, I know. I read California's law and the the entire ruling from the court that issued the stay. But why argue facts when you don't know them. 

MY PEOPLE SKILLS ARE JUST FINE.
~It's my tolerance to idiots that needs work.~

2005 Volvo 780 VED12 465hp / Freedomline transmission
singled mid position / Bed by Larry Herrin
2018 customed Mobile Suites 40KSSB3 

2014 smart Fortwo

 

 
 
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