Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > California 2nd Amend. Political Discussion & Activism > Temp Post-Duncan Mag Forum
Register FAQ Members List Calendar Mark Forums Read

Closed Thread
 
Thread Tools Display Modes
  #1  
Old 04-30-2019, 7:39 PM
SDCarpenter's Avatar
SDCarpenter SDCarpenter is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Dec 2018
Location: Carlsbad
Posts: 569
iTrader: 8 / 100%
Default We have amnesty for mag purchases?

Just got an email from 4ward defense and they seem to be under the impression that we are exempt?

"Our Lawyers have said that since you are on file during the amnesty purchase period, we can ship you this no problem if you are one of the lucky 12!"

That was in regards to them sending us a magazine as of now for leaving a review.

Am I reading that right?
  #2  
Old 04-30-2019, 8:26 PM
MyOdessa's Avatar
MyOdessa MyOdessa is offline
CGN/CGSSA Contributor - Lifetime
CGN Contributor - Lifetime
 
Join Date: Mar 2011
Location: Nor. Cal.
Posts: 2,072
iTrader: 10 / 100%
Default

Unless you ordered and paid for SCM during freedom week or you have an exemption (LEO), you cannot receive them now. You'd be inviting felony on yourself.
  #3  
Old 04-30-2019, 8:34 PM
OCEquestrian's Avatar
OCEquestrian OCEquestrian is offline
Calguns Addict
 
Join Date: Jun 2017
Location: Orange County, CA
Posts: 6,406
iTrader: 20 / 100%
Default

Quote:
Originally Posted by SDCarpenter View Post
Just got an email from 4ward defense and they seem to be under the impression that we are exempt?

"Our Lawyers have said that since you are on file during the amnesty purchase period, we can ship you this no problem if you are one of the lucky 12!"

That was in regards to them sending us a magazine as of now for leaving a review.

Am I reading that right?
As long as it was both ordered AND PAID FOR (card charged) during Freedom Week.. you are ok. If they charge your card after Freedom Week, you would be breaking the law.
__________________
"Extremism in defense of liberty is no vice. Moderation in pursuit of justice is no virtue." ----Sen. Barry Goldwater

Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." ----Benjamin Franklin

NRA life member
SAF life member
CRPA member
  #4  
Old 04-30-2019, 8:38 PM
Citadelgrad87's Avatar
Citadelgrad87 Citadelgrad87 is offline
I need a LIFE!!
CGN Contributor
 
Join Date: Mar 2007
Posts: 16,261
iTrader: 35 / 100%
Default

Its a stupid misreading of the second order. Judge Benitez wanted to protect anyone who bought a magazine during the time after his first order and before his second, so he wrote in protections.

Numbskulls who misread what he meant and the purpose of both orders claim that means that anyone who bought a mag during the week has magical immunity to buy mags forever after.

Its a stupid and incorrect reading. It popped up lime whack a mole for a few days.

Now i guess its back.

If the mag ban was struck down on 2d amendment grounds (it was) then magazines are protected by the 2d and cannot be banned.

Why would he then write an order that ONLY the people who bought scms during the week can buy as many as they want? They already have them, the other people are the ones suffering a deprivation of 2d amendment rights.

Why create two classes of gunowner, separated by an impulse buy within a week of his order.

This is aggressively stupid.
__________________
Quote:
Originally Posted by tony270 View Post
It's easy to be a keyboard warrior, you would melt like wax in front of me, you wouldn't be able to move your lips.
Quote:
Originally Posted by repubconserv View Post
Print it out and frame it for all I care
Quote:
Originally Posted by el chivo View Post
I don't need to think at all..
Quote:
Originally Posted by pjsig View Post
You are talking to someone who already won this lame conversation, not a brick a wall. Too bad you don't realize it.
Quote:
Originally Posted by Sgt. J Beezy View Post
Unfortunately for you, I have the truth on my side and... I’m definitely better than you at what you make a living from.
XXXXXXXXXXXXXXXXXXXXXXX
  #5  
Old 04-30-2019, 9:07 PM
SDCarpenter's Avatar
SDCarpenter SDCarpenter is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Dec 2018
Location: Carlsbad
Posts: 569
iTrader: 8 / 100%
Default

That was my take and why I asked. It was confusing and why I'd ask here before I get a knock on the door.

This was sent tonight btw and it's for an additional free magazine not purchased.

Just looking for confirmation, didn't mean to start up trouble.
  #6  
Old 04-30-2019, 9:28 PM
adam6955 adam6955 is offline
Senior Member
 
Join Date: Nov 2013
Location: California
Posts: 579
iTrader: 10 / 100%
Default

Quote:
Originally Posted by MyOdessa View Post
Unless you ordered and paid for SCM during freedom week or you have an exemption (LEO), you cannot receive them now. You'd be inviting felony on yourself.
A felony? Have you even READ the related statue?
__________________
"If it weren’t for double standards, the left wouldn’t have any standards at all."

"When we get piled upon one another in large cities, as in Europe, we shall become as corrupt as Europe." - Thomas Jefferson

"If we fail to prepare, we prepare to fail."

"They who can give up essential Liberty to obtain a little temporary Safety, deserve neither Liberty nor Safety." - Benjamin Franklin
  #7  
Old 04-30-2019, 9:50 PM
Citadelgrad87's Avatar
Citadelgrad87 Citadelgrad87 is offline
I need a LIFE!!
CGN Contributor
 
Join Date: Mar 2007
Posts: 16,261
iTrader: 35 / 100%
Default

Quote:
Originally Posted by SDCarpenter View Post
That was my take and why I asked. It was confusing and why I'd ask here before I get a knock on the door.

This was sent tonight btw and it's for an additional free magazine not purchased.

Just looking for confirmation, didn't mean to start up trouble.
You arent stirring up any trouble, but people saying this is the “plain meaning” of the order sure are.
__________________
Quote:
Originally Posted by tony270 View Post
It's easy to be a keyboard warrior, you would melt like wax in front of me, you wouldn't be able to move your lips.
Quote:
Originally Posted by repubconserv View Post
Print it out and frame it for all I care
Quote:
Originally Posted by el chivo View Post
I don't need to think at all..
Quote:
Originally Posted by pjsig View Post
You are talking to someone who already won this lame conversation, not a brick a wall. Too bad you don't realize it.
Quote:
Originally Posted by Sgt. J Beezy View Post
Unfortunately for you, I have the truth on my side and... I’m definitely better than you at what you make a living from.
XXXXXXXXXXXXXXXXXXXXXXX
  #8  
Old 04-30-2019, 10:48 PM
Califpatriot Califpatriot is offline
Senior Member
 
Join Date: Jul 2016
Location: South OC
Posts: 2,442
iTrader: 32 / 100%
Default

Quote:
Originally Posted by Citadelgrad87 View Post
Its a stupid misreading of the second order. Judge Benitez wanted to protect anyone who bought a magazine during the time after his first order and before his second, so he wrote in protections.

Numbskulls who misread what he meant and the purpose of both orders claim that means that anyone who bought a mag during the week has magical immunity to buy mags forever after.

Its a stupid and incorrect reading. It popped up lime whack a mole for a few days.

Now i guess its back.

If the mag ban was struck down on 2d amendment grounds (it was) then magazines are protected by the 2d and cannot be banned.

Why would he then write an order that ONLY the people who bought scms during the week can buy as many as they want? They already have them, the other people are the ones suffering a deprivation of 2d amendment rights.

Why create two classes of gunowner, separated by an impulse buy within a week of his order.

This is aggressively stupid.
Why? Because if you have 30 LCMs there's minimal additional damage to the state from you having ten more.
__________________
In case it wasn't obvious, nothing I write here should be interpreted as legal advice.
  #9  
Old 04-30-2019, 10:49 PM
Califpatriot Califpatriot is offline
Senior Member
 
Join Date: Jul 2016
Location: South OC
Posts: 2,442
iTrader: 32 / 100%
Default

Quote:
Originally Posted by adam6955 View Post
A felony? Have you even READ the related statue?
It's a wobbler, so he's not entirely wrong.
__________________
In case it wasn't obvious, nothing I write here should be interpreted as legal advice.
  #10  
Old 04-30-2019, 11:00 PM
CitaDeL's Avatar
CitaDeL CitaDeL is offline
Calguns Addict
 
Join Date: May 2007
Location: Redding, CA
Posts: 5,841
iTrader: 0 / 0%
Default

Its like reading the second amendment to gun banners isnt it?

Who or what is subject to the protection of the stay?

Is it magazines, or those who purchased or sold magazines during the effective date of Benitez's order enjoining enforcement of 32310? It is very clear that there is a disagreement between what was written and what legal folks assert was intended.
__________________



Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat

“Everything the State says is a lie, and everything it has it has stolen.” Friedrich Nietzsche
  #11  
Old 04-30-2019, 11:44 PM
tenemae's Avatar
tenemae tenemae is offline
code Monkey
CGN Contributor - Lifetime
 
Join Date: Jun 2010
Location: A burned-out Best Buy
Posts: 1,675
iTrader: 1 / 100%
Default

Quote:
Originally Posted by SDCarpenter View Post
Am I reading that right?
Short answer: No
Long answer: ....nooooooooooo

Quote:
Originally Posted by CitaDeL View Post
Who or what is subject to the protection of the stay?

Is it magazines, or those who purchased or sold magazines during the effective date of Benitez's order
If you want to get all autistically pedantic, the thing subject to the protection of the order is actions, not people or inanimate objects. If you stab someone to death, they obviously don't throw the knife in jail, so your hyperbolic assertion that the magazines are protected is asinine (which was probably your intention)- and thus leaving people as the only thing left to be protected. However, that's a false dichotomy. What was ordered is that no action breaking 32310, having been committed during freedom week, can be prosecuted. The pro-2A lawyers litigating the case agree. So can we please stop now?
  #12  
Old 05-01-2019, 6:11 AM
Citadelgrad87's Avatar
Citadelgrad87 Citadelgrad87 is offline
I need a LIFE!!
CGN Contributor
 
Join Date: Mar 2007
Posts: 16,261
iTrader: 35 / 100%
Default

Quote:
Originally Posted by Califpatriot View Post
Why? Because if you have 30 LCMs there's minimal additional damage to the state from you having ten more.
No, because the guy who didnt buy any now still cant get any. Its not a damage to the state analysis, its a rights analysis.
__________________
Quote:
Originally Posted by tony270 View Post
It's easy to be a keyboard warrior, you would melt like wax in front of me, you wouldn't be able to move your lips.
Quote:
Originally Posted by repubconserv View Post
Print it out and frame it for all I care
Quote:
Originally Posted by el chivo View Post
I don't need to think at all..
Quote:
Originally Posted by pjsig View Post
You are talking to someone who already won this lame conversation, not a brick a wall. Too bad you don't realize it.
Quote:
Originally Posted by Sgt. J Beezy View Post
Unfortunately for you, I have the truth on my side and... I’m definitely better than you at what you make a living from.
XXXXXXXXXXXXXXXXXXXXXXX
  #13  
Old 05-01-2019, 6:13 AM
Citadelgrad87's Avatar
Citadelgrad87 Citadelgrad87 is offline
I need a LIFE!!
CGN Contributor
 
Join Date: Mar 2007
Posts: 16,261
iTrader: 35 / 100%
Default

Quote:
Originally Posted by CitaDeL View Post
Its like reading the second amendment to gun banners isnt it?

Who or what is subject to the protection of the stay?

Is it magazines, or those who purchased or sold magazines during the effective date of Benitez's order enjoining enforcement of 32310? It is very clear that there is a disagreement between what was written and what legal folks assert was intended.
No, there isnt. There is disagreement between what a judge wrote and legal people say it means on the one hand, and what pedantic, lat autists want it to mean.
__________________
Quote:
Originally Posted by tony270 View Post
It's easy to be a keyboard warrior, you would melt like wax in front of me, you wouldn't be able to move your lips.
Quote:
Originally Posted by repubconserv View Post
Print it out and frame it for all I care
Quote:
Originally Posted by el chivo View Post
I don't need to think at all..
Quote:
Originally Posted by pjsig View Post
You are talking to someone who already won this lame conversation, not a brick a wall. Too bad you don't realize it.
Quote:
Originally Posted by Sgt. J Beezy View Post
Unfortunately for you, I have the truth on my side and... I’m definitely better than you at what you make a living from.
XXXXXXXXXXXXXXXXXXXXXXX
  #14  
Old 05-01-2019, 6:34 AM
Califpatriot Califpatriot is offline
Senior Member
 
Join Date: Jul 2016
Location: South OC
Posts: 2,442
iTrader: 32 / 100%
Default

Quote:
Originally Posted by Citadelgrad87 View Post
No, because the guy who didnt buy any now still cant get any. Its not a damage to the state analysis, its a rights analysis.
No, the stay is a balancing of irreparable harms. It almost always is. The rights analysis by the judge is squarely in our favor.

The supposed irreparable harm to the state is that more people have LCMs and therefore more potential mass shooters who have LCMs.
__________________
In case it wasn't obvious, nothing I write here should be interpreted as legal advice.
  #15  
Old 05-01-2019, 7:51 AM
dvaz dvaz is offline
Junior Member
 
Join Date: Mar 2019
Posts: 79
iTrader: 0 / 0%
Default

Here we go this topic again.

Why would you post it here? You and 12 other people were given a blank check for future purchases and you decide to throw the company under the bus.
  #16  
Old 05-01-2019, 8:34 AM
igs igs is offline
Senior Member
 
Join Date: Nov 2017
Posts: 921
iTrader: 0 / 0%
Default

Quote:
Originally Posted by SDCarpenter View Post
Just got an email from 4ward defense and they seem to be under the impression that we are exempt?

"Our Lawyers have said that since you are on file during the amnesty purchase period, we can ship you this no problem if you are one of the lucky 12!"

That was in regards to them sending us a magazine as of now for leaving a review.

Am I reading that right?
As I said before when the injunction first came out on 3/29 everybody was saying you can't buy new mags. That is until the store lawyers said you could and started selling them then the floodgates opened. History repeats.
__________________
ATF Form 4473: If a frame or receiver can only be made into a long gun (rifle or shotgun), it is still a frame or receiver, not a handgun or long gun.
  #17  
Old 05-01-2019, 9:47 AM
Librarian's Avatar
Librarian Librarian is offline
Administrator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Cottage Grove, OR
Posts: 44,417
iTrader: 4 / 100%
Default

No, we are NOT having this discussion again.

If you want to do something that seems to be prohibited by the text of PC 32310, consult your own lawyer and choose whether to act on the advice you pay for.
__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!
"The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."

- Marcus Aurelius
Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.”

Not a lawyer, just Some Guy On The Interwebs.



Closed Thread

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 5:03 AM.




Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2021, Calguns.net an Incorporated Company All Rights Reserved.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.



Seams2SewBySusy