[dreaming]

The purpose of a stay of a order or judgment is to return the state of affairs to where it was just before the issuance of the order or entry of judgment. This was impossible to do by simply staying the order enjoining (barring) enforcement of the California 10+ capacity magazine ban that had issued as a result of Judge Benitez's Judgment of 3/29, since thousands of law abiding persons had bought them in reliance on the Federal Judgment. Balancing the equities of the arguable irreparable injury to the state against turning good citizens into instant felons, until the validity of his judgment is finally determined by the appellate process, the judge stayed the injunction against enforcement of the law, except for those who got their magazines between Friday, March 29 and Friday, April 5 at 5 P.M.

The third part of the stay continues the previously issued, and upheld on an earlier appeal, "preliminary injunction" against enforcement of subsections of the law criminalizing the possession of large cap magazines.

Hopefully the Duncan case is the right vehicle to focus the Supremes on the protection of second amendment rights, which so far have been treated as second class constitutional rights by the application, some say the misapplication, of intermediate scrutiny.