A ban on the sale, transfer, receipt and manufacture of large-capacity gun magazines in California went back into effect Friday, much to the frustration of gun owners. Especially since the ban was lifted just a week prior by the same judge.
The Firing Line was hoping to get those magazines onto their shelves, but after the state’s appeal to a federal court’s order — that hope is gone. Owner Jacob Belemjian describing it all as a tease.
“We’ll see what happens. It’s not over yet by any means,” Belemjian said. “It’s just going to take time to work itself out.”
Since last Friday, Belemjian said online sales for magazines holding more than 10 bullets were red hot after U.S. District Judge Roger Benitez deemed Proposition 63 — the voter-approved measure instituting the ban — unconstitutional.
However, after Attorney General Xavier Becerra filed an appeal Thursday, Benitez found Becerra made a sufficient argument. So, Benitez decided to halt his order of re-allowing teh sale of these magazines, effective 5 p.m. Friday.
It’s in effect until the appeal process ends.
Former federal judge Oliver Wanger said a judge has the authority to do what Benitez did. Also saying if the ban holds up after the appeal process, it could go to the U.S. Supreme Court next.
“That would be a petition for a writ of certiorari, which the Supreme Court does not have to grant,” said Wanger.
Anyone getting these large-capacity magazines now will be breaking the law. Even if you ordered them online before the deadline, you needed to have them in-hand before 5 p.m.
If you lawfully obtained your magazines, you can keep them. You just can’t use them.