Home U.S. Delay Sought on Ruling Allowing High-Capacity Ammo Magazines
Delay Sought on Ruling Allowing High-Capacity Ammo Magazines

Delay Sought on Ruling Allowing High-Capacity Ammo Magazines

0

SACRAMENTO, Calif. (AP) — It appears the shipment of high-capacity ammunition magazines into California has started for the first time in nearly two decades after a judge tossed out a ban on sales and purchases of the items, the state attorney general said Tuesday.

Attorney General Xavier Becerra asked a federal judge to delay implementing the ruling while he appeals it.

U.S. District Judge Roger Benitez in San Diego said Friday that a law that bans possessing, buying or selling any magazines holding more than 10 bullets infringes on the Second Amendment right to bear arms.

With the ban lifted, even temporarily, Becerra said in a court filing that “there is evidence that sales have begun already.”

His office cited a Facebook ad from an out-of-state, online dealer saying it will ship the large-capacity magazines to California. The ad urged buyers to be patient because of an expected increase in orders.

“We are getting prepared to send a whole lot of freedom to our friends in California,” reads the post from South Carolina-based Palmetto State Armory. The company did not immediately respond to telephone and email messages.

Chuck Michel, an attorney for the NRA and the California Rifle & Pistol Association who filed the lawsuit that led to the ruling, agreed with Becerra that it allows individuals to legally acquire high-capacity magazines.

“There’s dealers advertising them now and there are chat rooms where people are discussing buying them and we’re getting calls from dealers asking what’s legal to acquire,” Michel said.

“The gray area is, what will the status of these magazines acquired during this window be if the stay is reinstated?” Michel said.

If the 9th U.S. Circuit Court of Appeals reinstates the ban and a 2016 law outlawing possession, Michel said, buyers could be legally required to give up their newly acquired high-capacity magazines.

However, Becerra warned in his court filing that it would be difficult for the state to remove the magazines, even if the ban is reinstated.

Becerra said in a statement that California leads the nation when it comes to gun safety and refuses to go backward.

The state has prohibited such magazines since 2000, though people who had such magazines before then were allowed to keep them.

Benitez threw out both the 2000 law and then 2016 law and ballot measure banning possession.

 

This article was written by Don Thompson from The Associated Press and was legally licensed through the NewsCred publisher network. Please direct all licensing questions to legal@newscred.com.

Comments

comments

Online Degrees & Certificates In Cybersecurity

American Military University's online cybersecurity programs integrate multiple disciplines to ensure you gain the critical skills and management practices needed to effectively lead cybersecurity missions – from government or private industry. Learn from the leader. American Military University is part of American Public University System, which has been designated by the National Security Agency and the Department of Homeland Security as a National Center of Academic Excellence in Cyber Defense Education.

Request Information

Please complete this form and we’ll contact you with more information about AMU. All fields except phone are required.

Validation message here
Validation message here
Validation message here
Validation message here
Validation message here
Validation message here
Validation message here
Validation message here
Validation message here
Ready to apply? Start your application today.

We value your privacy.

By submitting this form, you agree to receive emails, texts, and phone calls and messages from American Public University System, Inc. which includes American Military University (AMU) and American Public University (APU), its affiliates, and representatives. I understand that this consent is not a condition of enrollment or purchase.

You may withdraw your consent at any time. Please refer to our privacy policy, terms, or contact us for more details.