June 28th, 2017

Warning to Californians — Magazine Ban Takes Effect July 1st

California gun law magazine ban Prop 63

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.

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July 31st, 2015

City of Los Angeles Bans Possession of High-Cap Magazines

Los Angeles Magazine Ban high-capacity NRA

Don’t drive through the City of Los Angeles (or fly into LAX) if you have a magazine that holds more than ten (10) rounds. In its infinite wisdom, the Los Angeles City Council approved a new law that makes mere possession of a full-capacity magazine illegal EVEN if it was obtained legally, in compliance with all state and federal laws. This, by definition, is an “ex post facto” law — a statute that makes a crime out of what was considered legal before, requiring citizens to take affirmative action or else be subject to criminal penalties. Possession of a magazine that holds more than 10 rounds will now be a misdemeanor in the City of Los Angeles, as soon as Mayor Eric Garcetti signs the measure into law, which he has promised to do.

Once codified into law, the magazine ban gives residents only two months to comply. Residents will have 60 days to surrender their magazines to the police or remove their magazines from the city. The author of the law, City Councilman Paul Krekorian, declared that the new law will be enforced aggressively by the Los Angeles Police Department.

WARNING — Do Not Transport High-Capacity Magazines Through Los Angeles
We caution all readers that they should not bring any firearm magazines that hold more than ten rounds into the Los Angeles city limits. Even if you are just “driving through” on the way to another location, you could be arrested for possession. Likewise, do not ship magazines into Los Angeles, and do not fly into Los Angeles city airports (such as LAX) with high-capacity magazines in your possession on in your luggage. Even if we were just transferring in Los Angeles from one flight to another, we would not carry high-capacity magazines into that airport zone.

Los Angeles Magazine Ban high-capacity NRA

Under current California state law it is illegal to buy, sell, manufacture, or import magazines that hold more than ten rounds. However, statewide (except in San Francisco, and Sunnyvale and soon Los Angeles) it is still completely legal to possess such magazines if they were acquired legally BEFORE the high-cap magazine ban went into effect. In other words, possession of “pre-ban” high-cap magazines is “grandfathered” in California — you just can’t buy or sell them anymore within California.

Is the Los Angeles Magazine Ban Constitutional?
The new Los Angeles law can be attacked on various legal grounds. First it can be challenged as an “Ex Post Facto” law. Second, the law should be invalid under the pre-emption doctrine, since regulation of firearm magazines is already controlled by state statute. The pre-emption doctrine recognizes that a state cannot allow municipalities to enact myriad conflicting laws on the same subject matter. Unfortunately, an NRA legal challenge to municipal magazine bans in San Francisco and Sunnyvale failed on Second Amendment grounds. It would have made more sense to have attacked those city-specific regulations on the basis of state pre-emption. Unfortunately, the NRA’s litigation failure will make it more difficult to overturn the Los Angeles magazine ordinance.

LAX Photo By JadeLux (Own work) [CC BY-SA 3.0], via Wikimedia Commons.

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January 21st, 2013

Connecticut Law-Makers Propose Draconian Gun Control Laws

The NSSF has issued an alert regarding proposed legislation in Connecticut that would drastically restrict the rights of gun owners. Proposed measures include: mandatory registration of ALL firearms, confiscation of all magazines with capacity of 10+ rounds, registration of ammo purchases, ban on internet ammo purchases, and mandatory locked gun storage. Legislation proposed by Gov. Malloy, Sen. Beth Bye, and Rep. Bob Godfrey, would include the following restrictions:

  • An outright ban on ALL modern sporting rifles, classifying them as “Assault Weapons.”
  • Restricting lawful magazine capacity to 10 rounds.
  • Confiscating ALL magazines (including pistol mags) holding more than 10 rounds.
  • Statewide gun registration for ALL firearms.
  • Re-registration every two (2) years with rising fee schedule.
  • Permit requirement for any rifle with a pistol grip.
  • Registration of all ammunition purchases.
  • Limits on ammo quantities one can purchase and possess.
  • Ban on internet sales of ammo in Connecticut.
  • Mandatory locked gun storage requirements.

The NSSF states that: “There will only be a few opportunities for discussion and opposition as many in Hartford are trying to pass legislation as quickly as possible. The first hearing (and may be the only time to testify) will occur next Monday, Jan. 28, at 10 a.m. at the Legislative Office Building.”

NSSF is urging all gun owners, sportsmen and hunters to attend Monday’s public hearing to be held in the Legislative Office Building in Room 2C at 10 a.m. and to contact their state representative, senator and all members of the Committee immediately.

CLICK HERE to find Your Elected Officials. | CLICK HERE for Full NSSF Action Alert.

Other important gun-related legislation under consideration in Connecticut:

HB 5268, SB140: Requires firearm owners to maintain liability insurance. Establishes a 50% tax on the sale of ammunition. Requires all ammunition to be purchased in person.

SB 122: Makes it a class C felony offense for any person or organization to purchase, sell, donate, transport, possess, or use any gun except one made to fire a single round.

SB 124: Prohibits the possession of magazines that accept more than ten rounds.

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