Warning to Californians — Magazine Ban Takes Effect July 1st
BREAKING NEWS (6:13 pm, 6/29/17) — Federal Court grants Preliminary Injunction. Attorneys for the California Rifle & Pistol Association (CRPA), supported by the NRA, obtained an injunction in the case of Duncan v. Becerra, a federal lawsuit[.] The injunction prevents California from enforcing new laws prohibiting possession of magazines capable of holding more than ten rounds, while the case is pending. The ban was set to take effect on July 1, 2017. In granting the injunction, Judge Benitez held that Plaintiffs are likely to succeed in this lawsuit because “public safety interest may not eviscerate the Second Amendment”. The Order Granting Preliminary Injunction preserves the “status quo” while the constitutionality of the law is decided by the Court.
Here is a very important notice for our readers in California. As of July 1, 2017 it will be illegal to own ANY firearm magazine that holds more than 10 cartridges or rounds. It does not matter if the “full-capacity” magazines were acquired legally. There is NO Grandfather provision. Mere possession will become illegal. Counting today, June 28th, you have just three (3) more days to destroy your 10+ round magazines, render them permanently inoperable, sell them to a licensed dealer, surrender them to a law enforcement agency, or ship them out of California.
The July 1st magazine ban is the result of a patchwork of new laws passed by the California Legislature as well as Proposition 63, a deceptively-promoted initiative approved by voters last November. There are lawsuits currently challenging the magazine ban. It is possible that a temporary injunction halting the effect of the magazine ban might be ordered by a court in the “eleventh hour”. But don’t count on it — in a related case, a federal judge in Sacramento recently denied an injunction. Bottom line: if you reside in California and own/possess ANY mags that hold more than ten rounds, you need to find a solution… and find it fast.
There are probably hundreds of thousands of Californians who currently own magazines that hold more than ten rounds. The effect of the new laws will turn these law-abiding citizens into criminals. The Sacramento Bee newspaper explains:
Sweeping new gun laws passed last year by California voters and legislators require those with magazines capable of holding more than 10 rounds of ammunition to get rid of them by July 1.
The question is: How many of California’s 6 million-plus gun owners are actually going to comply, even though violators face potential jail time if they’re caught?
Talk to gun owners, retailers and pro-gun sheriffs across California and you’ll get something akin to an eye roll when they’re asked if gun owners are going to voluntarily part with their property because Democratic politicians and voters who favor gun control outnumber them and changed the law.
In conservative, pro-gun Redding this week, Shasta County Sheriff Tom Bosenko joked that gun owners were lining the block to hand their magazines in to the sheriff’s office (In reality, no one has turned one in). He said his deputies won’t be aggressively hunting for large-capacity magazines starting next month.
“We’re not going to be knocking on anybody’s door looking for them,” Bosenko said. “We’re essentially making law-abiding citizens into criminals with this new law.”
Incrementalism — How Freedom Is Lost
It has been illegal to purchase magazines with 10+ capacity for quite some time in California. However, it remained completely legal to possess and use such magazines which were lawfully obtained before the magazine-capacity limits were imposed in the year 2000: “California banned the sale of high-capacity detachable magazines in 2000, but it remained legal to possess them, except in cities such as San Francisco, Oakland, Los Angeles and Sunnyvale that enacted local bans. That changed this fall when voters and lawmakers passed overlapping gun laws that require Californians, with limited exceptions, to give up any magazine capable of holding more than 10 rounds.” Source: Sacramento Bee.
Is the Mag Ban an Unconstitutional “Taking”?
Because the new magazine laws provide no compensation to mag owners for what is effectively the confiscation of their property, it can be argued that California’s magazine ban is an unconstitutional “taking” depriving citizens of their property without due process. This is one of the arguments that is being used in court by the NRA and other gun rights organizations challenging the controversial magazine ban which goes into effect July 1, 2017.