On April 4th, 2019, the Hon. Roger T. Benitez granted a partial injunction against his prior order. All sales of standard capacity magazines to California are to end by 5pm on Friday the 5th. Attorney General of California Xavier Becerra filed an ex parte order before the court. In it, he requested that Judge Benitez stay his prior judgment pending an appeal to the 9th Circuit. The court granted his motion, in part. California magazine imports to citizens will once again come to a halt.
BREAKING: California Magazine Imports to End Friday at 5pm
In the court’s own words
THEREFORE, IT IS HEREBY ORDERED that the Judgment is stayed in part pending final resolution of the appeal from the Judgment. The permanent injunction enjoining enforcement of California Penal Code § 32310 (a) and (b) is hereby stayed, effective 5:00 p.m., Friday, April 5, 2019.
IT IS HEREBY FURTHER ORDERED that the preliminary injunction issued on June 29, 2017, enjoining enforcement of California Penal Code § 32310 (c) and (d) shall remain in effect.
IT IS HEREBY FURTHER ORDERED that the permanent injunction
enjoining enforcement of California Penal Code § 32310 (a) and (b) shall remain in effect for those persons and business entities who have manufactured, imported, sold, or bought magazines able to hold more than 10 rounds between the entry of this Court’s injunction on March 29, 2019 and 5:00 p.m., Friday, April 5, 2019.
Translating the legalese into English, Judge Benitez has made three orders. First, the permanent declaration of California’s magazine ban being unconstitutional remains in effect until 5:00pm on Friday, April 5th. From then until the 9th Circuit says otherwise, his first ruling will no longer be in effect. Specifically, it will again become illegal to manufacture or import 10+ round magazines into California. Secondly, a previous injunction that prevents California from enforcing parts of its magazine ban once again takes effect. California cannot enforce its “large-capacity” magazine ban, or force owners to get rid of any in their possession Thirdly, Judge Benitez has ordered that anyone who orders a magazine before 5pm on Friday is exempt from the rule banning importing magazines.
More Plainly Please
Judge Benitez has said the following.
- Beginning at 5pm on Friday the 5th, it will again be illegal to import or manufacture standard capacity magazines in California.
- California can’t take the standard capacity magazines you already have, or force you to give them up.
- If you order a magazine that can hold more than 10 rounds between now and 5pm Friday, you are exempt from (1). So long as you place the order before 5pm Friday.
Californians, order your mags today because by 5pm Friday it’ll be too late. Honestly, it is almost miraculous how well vendors have been responding to the surge in demand. There are rumors that total magazine sales to California have eclipsed 1 million. There is no doubt that what I like to call the Great California Magazine Rush was a resounding success.
It is still unknown how the 9th Circuit will choose to rule. But for now, Californians buy buy buy because you never know when you’ll get another chance.