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  #41  
Old 04-01-2019, 4:51 PM
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  #42  
Old 04-01-2019, 4:53 PM
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This idiot is filing lawsuits here and there and everywhere. He is a looser.
Like a slacker?
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  #43  
Old 04-01-2019, 4:53 PM
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Becerra seems to realize that he is closing the barn door after the horses made their escape.

Except he doesnt understand that its not just one or two LCM's but 500-750K individual magazines imported into California over the course of 4 or 5 days. He has no idea of the scope.
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  #44  
Old 04-01-2019, 4:54 PM
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If the judge truly believes his own opinion, why would he grant a stay knowing that a constitutional right will be infringed for years more while this works through the courts, that people may actually die during the ‘lethal pause’ required to reload while facing down attackers? Knowing that criminals do not obey these laws and they only serve to stymie the law abiding or even make criminals out of them. That this infringment has been allowed to continue on for almost 20 years! And why on earth would he hurry and do it?

Time to resupply on the popcorn I guess...
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  #45  
Old 04-01-2019, 4:57 PM
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Originally Posted by CitaDeL View Post
Becerra seems to realize that he is closing the barn door after the horses made their escape.

Except he doesnt understand that its not just one or two LCM's but 500-750K individual magazines imported into California over the course of 4 or 5 days. He has no idea of the scope.
Add to that magazines manufactured or de-neutered. We could be talking millions and millions of now legal MAGAzines. Talk about an item being in common use!
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  #46  
Old 04-01-2019, 4:59 PM
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Originally Posted by df12 View Post
This idiot is filing lawsuits here and there and everywhere. He is a looser.
Like, his butt hole is loose?
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  #47  
Old 04-01-2019, 4:59 PM
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Since the 9th already stayed the implementation of the law pending Benitez decision

Does Beccera really think the 9th will stay the decision when they already decided staying the law caused the least harm??
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  #48  
Old 04-01-2019, 5:00 PM
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Thought that was only for my pitbull, and trampoline.
Exactly.
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  #49  
Old 04-01-2019, 5:01 PM
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Originally Posted by baekacaek View Post
Like, his butt hole is loose?
All leftists have loose, damaged butt holes.
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  #50  
Old 04-01-2019, 5:02 PM
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Originally Posted by 71MUSTY View Post
Since the 9th already stayed the implementation of the law pending Benitez decision

Does Beccera really think the 9th will stay the decision when they already decided staying the law caused the lest harm??
in the request he asks that it be rolled back to how it things were with the initial injunction (32310 C & D enjoined, but the rest of the law in tact) until the 9th can come save them, so its not implausible.
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  #51  
Old 04-01-2019, 5:03 PM
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Drinking game: Do a shot every time the phrase "status quo" is mentioned. You'll be slightly more inebriated than he is every day he has to go to work.
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  #52  
Old 04-01-2019, 5:04 PM
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Originally Posted by CitaDeL View Post
Becerra seems to realize that he is closing the barn door after the horses made their escape.

Except he doesnt understand that its not just one or two LCM's but 500-750K individual magazines imported into California over the course of 4 or 5 days. He has no idea of the scope.
The funny part is that even mags that were acquired after the stay is granted are impossible to identify, especially if you went to Reno or Vegas and bought them with cash. Previously, if you owned something that was manufactured after 2000, like the PMags, then you'd be in trouble because there's no way you could've owned it prior to 2000.

But now, anything manufactured prior to 2019 is safe. This essentially reset the manufacture-test clock from 2000 to 2019. All these PMags are up for grabs.
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  #53  
Old 04-01-2019, 5:04 PM
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Definitely, over 1 million new mags either already here, in the mail, pending shipment, or "recovered".
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  #54  
Old 04-01-2019, 5:06 PM
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Originally Posted by baekacaek View Post
The funny part is that even mags that were acquired after the stay is granted are impossible to identify, especially if you went to Reno or Vegas and bought them with cash. Previously, if you owned something that was manufactured after 2000, like the PMags, then you'd be in trouble because there's no way you could've owned it prior to 2000.

But now, anything manufactured prior to 2019 is safe. This essentially reset the manufacture-test clock from 2000 to 2019. All these PMags are up for grabs.
I was thinking the exact same thing. A lot of mags will be coming out of hiding! Not me of course, I do not ANY guns.
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  #55  
Old 04-01-2019, 5:07 PM
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Originally Posted by CitaDeL View Post
Becerra seems to realize that he is closing the barn door after the horses made their escape.

Except he doesnt understand that its not just one or two LCM's but 500-750K individual magazines imported into California over the course of 4 or 5 days. He has no idea of the scope.
He probably does. We all know that CA DOJ staff lurk in these forums.
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  #56  
Old 04-01-2019, 5:07 PM
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Originally Posted by curtisfong View Post
The problem is, Becerra knows that "if" is really "when" because the 9th is the legislature's (female dog).
It's easy to think that way and yet it was the 9th that opened the door to magazines being considered legal to own at this time. Thinking like yours would have never led to the belief that they would be legal.
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  #57  
Old 04-01-2019, 5:09 PM
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Originally Posted by poppa p View Post
It's easy to think that way and yet it was the 9th that opened the door to magazines being considered legal to own at this time. Thinking like yours would have never led to the belief that they would be legal.
The 9th is changing.
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  #58  
Old 04-01-2019, 5:10 PM
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I was thinking the exact same thing. A lot of mags will be coming out of hiding! Not me of course, I do not ANY guns.
Come out of hiding? I don't know what you're talking about. We legally acquired them all during the weekend
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  #59  
Old 04-01-2019, 5:10 PM
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Originally Posted by baekacaek View Post
The funny part is that even mags that were acquired after the stay is granted are impossible to identify, especially if you went to Reno or Vegas and bought them with cash. Previously, if you owned something that was manufactured after 2000, like the PMags, then you'd be in trouble because there's no way you could've owned it prior to 2000.

But now, anything manufactured prior to 2019 is safe. This essentially reset the manufacture-test clock from 2000 to 2019. All these PMags are up for grabs.
Exactly. And, to add to it, if you really are worried about when you acquired them, or do not have receipts, then just draft a letter that is official looking and take it to a Notary Public listing all of the mags you "acquired from a variety of sources (in the last day or so)". Heck, even have the mags present for the notary to see and have her annotate such on the letter.

Swear to it and get the stamp, date and seal. Keep the letter handy JUST IN CASE someone gets the pants in a bunch over it.

If the decision is reversed, then you have proof that you acquired them during the legal period to do so.

I know, I know...they have to prove you acquired them after the date the decision was reversed, but having a notarized letter triples down on the difficulty they'd have of making your life difficult.
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  #60  
Old 04-01-2019, 5:11 PM
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Originally Posted by 71MUSTY View Post
Since the 9th already stayed the implementation of the law pending Benitez decision

Does Beccera really think the 9th will stay the decision when they already decided staying the law caused the lest harm??
You’re confusing things. When the Ninth reviewed the preliminary injunction, they were required to give Benitez’sruling great deference. Review there was under the “abuse of discretion” standard. Now, an appeal after summary judgment will be under the de novo (or, “anew”) standard. Or, “anew,” meaning the Court gets to look at everything through its own eyes. So they may very well see the likelihood of success differently.
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  #61  
Old 04-01-2019, 5:28 PM
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Originally Posted by SanDiego619 View Post
Haha, I know, they are amazing. But I mean if they haven't been delivered yet, once they are delivered does that mean we acquired them after the stay?
Whose gonna know if you acquired them after the stay or not? Are you one of those people that just blurt out :"it arrived in the mail after the stay".
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  #62  
Old 04-01-2019, 5:29 PM
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Too late.. I’ve already bought dozens .. will be a common comment
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  #63  
Old 04-01-2019, 5:38 PM
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Originally Posted by baekacaek View Post
Come out of hiding? I don't know what you're talking about. We legally acquired them all during the weekend
LoL...that's the story I'm sticking to
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  #64  
Old 04-01-2019, 5:40 PM
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I suspect that there are also tons of parts kits that were legally purchased prior to 2014 that have become Schrodingers parts kits. They are simultaneously magazines that have been manufactured during this brief window, from legally acquired parts kits, while remaining parts kits that were purchased prior to 2014, that have never been manufactured into magazines.

We won’t know what they are until the box is opened revealing its contents, on a given day, for a given purpose.

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  #65  
Old 04-01-2019, 5:43 PM
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Originally Posted by Fox Mulder View Post
I suspect that there are also tons of parts kits that were legally purchased prior to 2014 that have become Schrodingers parts kits. They are simultaneously magazines that have been manufactured during this brief window, from legally acquired parts kits, while remaining parts kits that were purchased prior to 2014, that have never been manufactured into magazines.

We won’t know what they are until the box is opened revealing its contents, on a given day, for a given purpose.

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  #66  
Old 04-01-2019, 5:47 PM
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Quote:
Originally Posted by Fox Mulder View Post
I suspect that there are also tons of parts kits that were legally purchased prior to 2014 that have become Schrodingers parts kits. They are simultaneously magazines that have been manufactured during this brief window, from legally acquired parts kits, while remaining parts kits that were purchased prior to 2014, that have never been manufactured into magazines.

We won’t know what they are until the box is opened revealing its contents, on a given day, for a given purpose.

As the CNN Eunuch Brian Stelter claimed recently, "We may never know what really happened."
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  #67  
Old 04-01-2019, 5:48 PM
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Judge Benitez should reschedule the ex parte for mid-July, and then take it under submission. California judges have to render a decision within 90 days after taking something under submission; federal judges have no time limits.
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  #68  
Old 04-01-2019, 5:49 PM
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Quote:
Originally Posted by Fox Mulder View Post
I suspect that there are also tons of parts kits that were legally purchased prior to 2014 that have become Schrodingers parts kits. They are simultaneously magazines that have been manufactured during this brief window, from legally acquired parts kits, while remaining parts kits that were purchased prior to 2014, that have never been manufactured into magazines.

We won’t know what they are until the box is opened revealing its contents, on a given day, for a given purpose.

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  #69  
Old 04-01-2019, 5:51 PM
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Originally Posted by Discogodfather View Post
Bercerra is making the argument, based on these cases:

"See Humane Soc’y of U.S. v. Gutierrez, 558 F.3d 896, 896 (9th Cir. 2009) (“A party seeking a stay must establish [1] that he is likely to succeed on the merits, [2] that
he is likely to suffer irreparable harm in the absence of relief, [3] that the balance of equities tip in his favor, and [4] that a stay is in the public interest.” (citing Winter
v. Nat’l Res. Def. Council, Inc., 555 U.S. 7, 20 (2008))).
"

Love to hear what that means translated from legalise.

It seems almost laughable that he is asking Judge Benitez to grant a stay based on the idea that an influx of LCM's into CA will cause harm. Didn't the decision just make the opposite case, that NOT having LCM's cause the public harm?
Sometimes parsing legalese helps it make a little more sense. In this case the AG MUST meet 4 qualifying hurdles to prevail (did the AG even argue all 4?!)-

A party seeking a stay must establish:
[1] that he is likely to succeed on the merits,
[2] that he is likely to suffer irreparable harm in the absence of relief,
[3] that the balance of equities tip in his favor, and
[4] that a stay is in the public interest.”

The Judge will likely answer something along the lines of "what part of UNCONSTITUTIONAL did you fail to understand?" There is no reason to allow an unconstitutional law to remain in place while further defective pleadings attempt to claim it's actually Constitutional...

Beccera's request FAILS on point 1, as the judge already reviewed the "merits" of the evidence presented, at length (that ruling was not 86 pages long because the judge was long winded! He was establishing the record for the inevitable appeal.).

NO amount of "review" will cure the defects in the so called "evidence" presented by the AG. Sorry, a Mother Jones article barely counts a journalism, let alone rises to the level of admissible evidence, and the "expert witnesses" were a hot mess... the judge eviscerated the "evidence".

On point 2, the judge already declared the "irreparable harm" suffered by law abiding, responsible citizens if the law were allowed to stand, another FAIL for XB....

Point 3 - No, you don't get to pass UNCONSTITUTIONAL BS just because you are in power, balance to the law abiding responsible citizens once again...

Point 4 - Da Judge already covered what the "public interest" is in this case, and again, it falls to the CONSTITUTIONAL RIGHTS of otherwise law abiding, responsible citizens (aka "the public" that wishes to be able to defend themselves against the CRIMINALS that are being dumped onto the streets of CA because they are "low risk").

The AG isn't going to win the request, as he has no legal leg to stand on. This ruling will be knocking out a lot of other "legs" soon, so the AG's office should be in quite the panic!


There have been a number of cracks forming in the foundation-less Proglodyte/Leftist house of cards in just the last few days. Maybe enough people are waking up to the mental disease plaguing a segment (most notably the media/entertainment/political mafia) of our country that perhaps we will see a tide change...

Last edited by DB>; 04-01-2019 at 5:54 PM..
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  #70  
Old 04-01-2019, 5:53 PM
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I was just surmising with a friend... this is kind of an ironic situation to put it lightly. I could see the counter argument by plaintiff to be that the unconstitutional law (status quo) in the first place would now result in 100s of thousands of instant felons, causing irreparable harm to the citizens of CA due to the unjust law.

We have an ironic situation here where "The State" is somehow not representing a large portion of its own citizens somehow at this juncture, putting them all in legal jeopardy if the status quo should be reinstated pending appeal.

Something tells me the issuance of this judgement on a Friday afternoon before a CA state holiday was not an accident.
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  #71  
Old 04-01-2019, 5:54 PM
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Originally Posted by Califpatriot View Post
Judge Benitez should reschedule the ex parte for mid-July, and then take it under submission. California judges have to render a decision within 90 days after taking something under submission; federal judges have no time limits.
Or they don't get paid for that work. I am not aware of a mechanism to force a judge to issue a ruling. I guess mandamus, or removal. But that's OT.
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Old 04-01-2019, 5:55 PM
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Originally Posted by scootle View Post
I was just surmising with a friend... this is kind of an ironic situation to put it lightly. I could see the counter argument by plaintiff to be that the unconstitutional law (status quo) in the first place would now result in 100s of thousands of instant felons, causing irreparable harm to the citizens of CA due to the unjust law.
If there's anything that we know about the California Legislature is that they have no qualms about transforming millions of Californians into potential felons at the stroke of a pen at any one of their "assault weapon" bans or other firearms laws that they pass with a ridiculous felony as the punishment for violating such a dumb law to begin with.
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Old 04-01-2019, 5:58 PM
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Originally Posted by LVSox View Post
There is no deadline of April 5th. California is the defendant; Benitez is the judge. Benitez sets the timetables, not California. He could sit on it for weeks, or until CA goes over his head to the Ninth Circuit if he so chose.
I hope he leaves the window open as long as possible and then some.
A few months would be nice with hundreds of thousands of mags flowing in from free America. Make the whole mag control laws a total joke.
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  #74  
Old 04-01-2019, 6:00 PM
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Originally Posted by Syntax Error View Post
If there's anything that we know about the California Legislature is that they have no qualms about transforming millions of Californians into potential felons at the stroke of a pen at any one of their "assault weapon" bans or other firearms laws that they pass with a ridiculous felony as the punishment for violating such a dumb law to begin with.
Oh just wait on that... the AWB is a whole 'nother animal waiting on deck.

I think this is the first of many shots fired to come...
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  #75  
Old 04-01-2019, 6:00 PM
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Originally Posted by CessnaDriver View Post
I hope he leaves the window open as long as possible and then some.
A few months would be nice with hundreds of thousands of mags flowing in from free America. Make the whole mag control laws a total joke.
Would be nice reciprocity for all the delay actions and games the State played in previous cases like Peruta, that's for sure.
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Old 04-01-2019, 6:06 PM
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Originally Posted by DB> View Post
Sometimes parsing legalese helps it make a little more sense. In this case the AG MUST meet 4 qualifying hurdles to prevail (did the AG even argue all 4?!)-

A party seeking a stay must establish:
[1] that he is likely to succeed on the merits,
[2] that he is likely to suffer irreparable harm in the absence of relief,
[3] that the balance of equities tip in his favor, and
[4] that a stay is in the public interest.”

The Judge will likely answer something along the lines of "what part of UNCONSTITUTIONAL did you fail to understand?" There is no reason to allow an unconstitutional law to remain in place while further defective pleadings attempt to claim it's actually Constitutional...

Beccera's request FAILS on point 1, as the judge already reviewed the "merits" of the evidence presented, at length (that ruling was not 86 pages long because the judge was long winded! He was establishing the record for the inevitable appeal.).

NO amount of "review" will cure the defects in the so called "evidence" presented by the AG. Sorry, a Mother Jones article barely counts a journalism, let alone rises to the level of admissible evidence, and the "expert witnesses" were a hot mess... the judge eviscerated the "evidence".

On point 2, the judge already declared the "irreparable harm" suffered by law abiding, responsible citizens if the law were allowed to stand, another FAIL for XB....

Point 3 - No, you don't get to pass UNCONSTITUTIONAL BS just because you are in power, balance to the law abiding responsible citizens once again...

Point 4 - Da Judge already covered what the "public interest" is in this case, and again, it falls to the CONSTITUTIONAL RIGHTS of otherwise law abiding, responsible citizens (aka "the public" that wishes to be able to defend themselves against the CRIMINALS that are being dumped onto the streets of CA because they are "low risk").

The AG isn't going to win the request, as he has no legal leg to stand on. This ruling will be knocking out a lot of other "legs" soon, so the AG's office should be in quite the panic!


There have been a number of cracks forming in the foundation-less Proglodyte/Leftist house of cards in just the last few days. Maybe enough people are waking up to the mental disease plaguing a segment (most notably the media/entertainment/political mafia) of our country that perhaps we will see a tide change...
I really hope it goes down like this. Dare I say it but it makes sense!
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  #77  
Old 04-01-2019, 6:09 PM
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Originally Posted by Smedkcuf View Post
Does anyone know the outcome of this discussion?

"6. Mr. Brady also indicated that Plaintiffs will be opposing Defendant’s request for an immediate, temporary stay pending the Court’s consideration of the application to stay pending appeal. We discussed Mr. Brady’s concern that, if the immediate stay is issued, individuals who may have ordered LCMs over the weekend following entry of the Judgment may be in violation of the law if they receive the LCMs during the stay. Given that Defendant is requesting that the Court issue the temporary stay by April 2, 2019, Mr. Brady stated that Plaintiffs anticipate filing their opposition to the request for a temporary stay as early as this evening."
This is a great idea..

To issue your stay, will turn hundreds of thousands of law abiding people into a legal purgatory where they will have no choice but to leave a package at their doorstep during the entire stay??

Good Reason to use against balance of hardships requirement when opposing the motion for a stay.

States alleged harms of being difficult to remove is substantially outweighed by these folks possible harms.



Next, The 9th Circuit already ruled with the TRO that the plaintiffs, (Duncan) had a substantial likelihood of success on the Merits, Otherwise the TRO would not have been granted. Both sides can not both have a substantial likelihood of success.


Furthermore, they also say that if the ultimate decision reinstates the Penal Code, Many citizens will be forced to relinquish their mags anyways, sounds like it takes away their irreparable harm idea since we will be forced under penalty of a crime not to relinquish them.

So they don't have a substantial likelihood of success, they dont really have an irreparable harm, and the peoples potential harm of granting the stay in legal purgatory outweighs the States Harm, the only real argument they have is preserving the status Quote that the judge already says is status quote that has been created by the state, not by the citizens.

Whatever Benitez decides, the 9th will likely grant it, we can only hope for as much time between now and when it is granted.
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  #78  
Old 04-01-2019, 6:09 PM
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BTW, why on the first page. the filing date is 2017?
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  #79  
Old 04-01-2019, 6:12 PM
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Originally Posted by baekacaek View Post
The funny part is that even mags that were acquired after the stay is granted are impossible to identify, especially if you went to Reno or Vegas and bought them with cash. Previously, if you owned something that was manufactured after 2000, like the PMags, then you'd be in trouble because there's no way you could've owned it prior to 2000.

But now, anything manufactured prior to 2019 is safe. This essentially reset the manufacture-test clock from 2000 to 2019. All these PMags are up for grabs.
The thing about Pmags and many others is that they were NOT illegal to bring in as kits to "repair" older magazines. And since there was no limit on how many parts on a magazine you could replace, at the end of the process you could very well have a completely new Pmag. You were just supposed to leave the parts from the old magazine disassembled. The same thing went for all other magazines. As long as the total number of complete magazines didn't go up, you were fine.

Now, however, with the reset, you are right. You can have anything you want. AND all of those kits that were sitting around disassembled are suddenly legal to assemble. I doubt there is a disassembled kit left in the state after this weekend.

-Mb
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  #80  
Old 04-01-2019, 6:15 PM
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Everyone I have seen didn't order just 1 mag... There legit has to be at least a million and counting
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