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Old February 4, 2014, 03:00 PM   #1
Sean Michel n Assoc
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Join Date: January 12, 2011
Posts: 13
CA: Lawsuits Challenging Bans on Magazines Over 10 Rounds Filed

I did not see any mention of these NRA supported cases anywhere on here. So I wanted to let everyone know about them.

Our firm has filed lawsuits against both San Francisco and the City of Sunnyvale seeking to overturn their recently adopted ordinances banning the possession of magazines over 10 rounds. We have filed motions for preliminary injunctions in both, which should be heard by the respective courts (and hopefully decided) this month.

The NRA's alert about the San Francisco case can be found here: http://www.nraila.org/legislation/st...magazines.aspx

And all filings in the case can be found here: http://michellawyers.com/sfvpoa-v-san-francisco/

The NRA's alert about the Sunnyvale case can be found here: http://www.nraila.org/legislation/st...=&st=10469&ps=

And all filings in the case can be found here: http://michellawyers.com/fyock-v-sunnyvale/
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Old February 4, 2014, 04:33 PM   #2
KyJim
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Good luck in the suit. It seems like California's ban on transfer of the "high capacity" mags, combined with Sunnyvale's requirement that owners turn them into the city becomes a de facto confiscation of property without compensation. That is obviously not a route which is as desirable as the Second Amendment.
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Old February 7, 2014, 01:37 AM   #3
62coltnavy
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You can still sell them out of state. so not quite a de facto confiscation.
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Old February 7, 2014, 10:12 AM   #4
natman
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I'm not so sure about selling them out-of-state.

Quote:
Penal Code 32310 (Was 12020 (a)(2)) states:

Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing January 1, 2000, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, or lends, any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or in the state prison.
Now if a CA resident puts a high capacity magazine on Gunbroker, are they not "offering or exposing it for sale", even if the listing explicitly says "No California Sales"?
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