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  #1  
Old 04-09-2019, 5:48 AM
dilbert40 dilbert40 is offline
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Default Midway not shipping on any backorders and cancelling placed orders

I had a few orders with items back-ordered but placed during the freedom week at Midway. I just got emails that some of those back-ordered items are in stock, and then another email that all my outstanding orders placed during the freedom week (all back-ordered items) are cancelled. I called. Midway said that "after 5 pm stay, Midway went back to old policy WRT to CA shipment."
Looks like Midway is treating "shipment" as "purchase", and not "order w/ cc payment" as "purchase". Very different than Brownell's. Ouch. and FYI.
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Old 04-09-2019, 6:59 AM
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wildcard wildcard is offline
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Solution: Shop at Brownells.
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Old 04-09-2019, 7:35 AM
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L.A. Saiga L.A. Saiga is offline
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and that’s the way it is...
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Old 04-09-2019, 8:07 AM
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OlderThanDirt OlderThanDirt is offline
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Midway doesn’t charge your credit card until the item is back in stock and ready to ship. Therefore, no transaction took place prior to the deadline on April 5th.
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Old 04-09-2019, 9:22 AM
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munkeeboi munkeeboi is offline
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not the way brownell's looks at backorders.
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Old 04-09-2019, 9:28 AM
thejame thejame is offline
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Default Same problem

Same problem - back-ordered item that just came in stock but they wont ship it.

They said my credit card was invalid but it's the same one I've used for other orders - they said it was expired but the email even shows the current expiration date in 2021.

Bummed I didn't order from another vendor (how should I have known??)

Last edited by thejame; 04-09-2019 at 9:41 AM.. Reason: Privacy
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  #7  
Old 04-09-2019, 9:30 AM
Non Political Californian Non Political Californian is offline
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Quote:
Originally Posted by OlderThanDirt View Post
Midway doesn’t charge your credit card until the item is back in stock and ready to ship. Therefore, no transaction took place prior to the deadline on April 5th.
It's not just that, but do they have evidence that you enjoy the enjoining status?

It's not hard to understand. There is ambiguity on what constitutes a protected action and who specifically is covered.

It's lawyers nitpicking over details and going with various degrees of CYA.

Even Michel doesn't want to outright state the obvious from the language that those who did the thing are free to continue doing them.
Why?
Because if that is the common understanding, then the 9th will entertain an emergency ruling and probably override the stay, or it will invite immediate "emergency" laws.

The levels of CYA here:
- Stores that refused to sell at all (fear of retribution)
- Stores that refused to ship after the stay (what constitutes a sale?)
- Stores that took sales right up to the deadline and will ship regardless

If you see the actions which enjoy the permanent enjoinment of A and B
Quote:
IT IS HEREBY FURTHER ORDERED that the permanent injunction enjoining enforcement of California Penal Code §32310 (a) and (b)shall 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.
The injunction for A and B are stayed entirely for everyone else.
Ok, so what constitutes a sale? Buying in another state?

If you bought from magpul or brownells or anyone else online, it was likely from another state.
If the store has a policy of
Quote:
all sales are final once an order is processed, all refunds will be assessed a restocking fee
Then you're generally 100% ok, you have initiated the import process.

Anything less, and welp, it's pushing it.

There are currently 2 classes of owner now.
Quote:
In layman’s terms, the State of California and the law enforcement agencies therein will be free to re-start the enforcement of Calif. Penal Code §32310 (a) and (b) which currently prohibits, among other things, any person in the state from manufacturing,importing into the state, offering for sale, giving, lending, buying, or receiving a firearm magazine able to hold more than 10 rounds (as defined by Calif. Penal Code §16740). This will continue until the appeal proceedings conclude or the stay is modified or lifted.
This is applied to everyone by default, however, we must look at the ORDER

Quote:
THEREFORE, IT IS HEREBY ORDERED that the Judgment is stayed in part pending final resolution of the appeal from the Judgment. The permanent injunction enjoining enforcement of California Penal Code §32310(a) and (b) is hereby stayed,effective 5:00 p.m., Friday, April 5, 2019.
This is the first order, staying the ruling on a and b.

Quote:
IT IS HEREBY FURTHER ORDERED that the preliminary injunction issued on June 29, 2017, enjoining enforcement of California Penal Code §32310(c) and (d) shall remain in effect.
This is the second order, affirming the enjoining of c and d.

Quote:
IT IS HEREBY FURTHER ORDERED that the permanent injunction enjoining enforcement of California Penal Code §32310 (a) and (b) shall 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.
This is the carve out for everyone who acted during the window, continuing the enjoining of a and b.

If a and b are enjoined, you can continue to do what you were doing. It applies to PERSONS and BUSINESSES rather than the mags themselves. There is no other law on the books that prevents you from continuing all the actions you enjoyed in during the week of 3/29 to 4/5.

However, people are dumb and it's not to our advantage to point out exactly what happened. No need to broadcast what you're doing, but don't worry too much about it.
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