CA Dunkan vs Bonta High capacity magazine ban UNCONSTITUTIONAL

[Aguila Blanca]

However, they have already ruled that the state is likely to prevail on the merits of the case and justified it by quoting Heller wildly out of context and using interest balancing.

Point of order question, DID they actually "rule" that?? OR is it just an opinion, of one (or more) of the judges, and not an official ruling???

That was the basis of their overturning the injunction, and enough of them agreed with that view to overturn the injunction. I would classify that as a "ruling." However, it is a ruling on the injunction, not a ruling on the merits of the case.

 

[Metal god]

The 9th en-banc panel has not given a final ruling but as natman just pointed out .

The 9th in there 6 page stay order justified the stay by saying the state was likely to win on the merits as well as there common interest balancing justifications by saying

Second, the Attorney General has shown that California will be irreparably harmed absent a stay pending appeal by presenting evidence that large-capacity magazines pose significant threats to public safety. If a stay is denied,

 

[44 AMP]

large-capacity magazines pose significant threats to public safety.

Got to thinking about this, and I'm just not in the same mental class as the CA AG (or a lot of other people, thankfully..)

Just curious, what do you folks consider more of a threat to public safety, a spring loaded metal or plastic box bigger than the state approves of, OR people shooting other people for fun or profit, or just because they feel like it??

What would you consider the earliest "large capacity" (detachable box) magazines???

I can think of the Browning HP (13 rnds) which showed up in 1935. Then 15/30 rnds in the M1 carbines, and 20 rnds in the AR15 and FAL, which showed up on the civilian markets in the early 60s. Various SMG look alike semi auto carbines in the 60s and 70ds with mags of 20/30 rnds or even 50rnds. Then double more double stack 9mm in the 80s, 15 or 17 rnds or even more. Where was the tremendous threat to public safety then??

Also, while I know the real reason is $ and who gives it to whom, don't you think it is at least a bit intellectually dishonest to focus on how many rounds a magazine holds and not even mention how much Hollywood has glamorized, promoted, and sold to us as entertainment mass shootings, hi capacity firearms, machine guns and deadly violence in general, particularly in the pas 50 some years? They have literally TRAINED people that this is acceptable behavior, as not only the bad guys but also the heroes of the movies do it, a LOT.

I don't feel the fact that it is fiction to be a complete defense. Legal, yes, ethical? Opinions vary.

 

[ballardw]

Thompson Submachine gun magazines starting 1921 production.
Browning Automatic Rifle 1917 20 rounds
Gatling gun magazines of upto 200+ rounds circa 1874 , drums not box...
Mauser M712 variant of the C96 20 rounds 1932, and a carbine variant M1917 with 40 rd

These were just some that came to mind.

 

[44 AMP]

Thank you, I was thinking primarily in semi auto terms that might have been in the CA commercial market. Entirely correct to include the Tommygun and others prior to 1934.

I also realize I didn't restrict the question to just semiautos, my bad for that.

Don't think the Gatling gun ever had much of a civilian market, though it was, and, i believe, still is legal to own as it is manually operated.

Not sure if legal in CA though, unless you're a Hollywood studio or museum. CA has some "odd" laws.