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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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Old 10-08-2019, 2:59 PM
Dvrjon Dvrjon is offline
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Quote:
Originally Posted by OleCuss View Post

Actually, they can make the argument that since you cannot sell the magazine to someone else under the statute, the magazine has no monetary value. However stupid that may be, a motivated judge may buy into that argument.

The key is not whether anyone believes, the key is whether they can get a judge to rule their way.
Quote:
Originally Posted by OleCuss View Post
I'm not arguing that it makes sense, just that you may be able to get the judge to buy the argument.
That line of reasoning appears to have been quashed by precedent.

Judge Benitez addressed this type of reasoning in his ruling (Page 19, Line 17) when discussing the state’s claim that LCMs are uncommon.
Quote:
To the extent they [LCMs] may be now uncommon within California, it would only be the result of the State long criminalizing the buying, selling, importing, and manufacturing of these magazines. To say the magazines are uncommon because they have been banned for so long is something of a tautology. It cannot be used as constitutional support for further banning. See Friedman v. City of Highland Park, Illinois, 784 F3d 406, 409 (7th Cir. 2015) (“Yet it would be absurd to say that the reason why a particular weapon can be banned is that there is a statute banning it, so the it (sic) isn’t commonly used. A law’s existence can’t be the source of its own constitutional validity.”)
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Last edited by Dvrjon; 10-08-2019 at 3:02 PM..
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