California Magazine Restrictions
Post written at 10PM CST on 8/14/2020:
At this time we are still restricting orders with high capacity magazines to California. We are aware of the situation with the 9th District Court of Appeals panel issuing a decision on 8/14/2020 regarding Large Capacity Magazines. However, as of today, there is no clear direction that allows magazines over 10rd capacity to ship to California, legally, because the court process is still ongoing. As of today the "stay" that Judge Benitez issued in April of 2019 is still in effect, pending the outcome of this litigation.
This process is far from over and could take days, weeks, months, or even years to be fully settled, hopefully, in our favor. The state has still not decided if they want to ask for a full panel appeal, appeal to the supreme court, or stop. There is still the possibility of an en banc review, and further appeals through higher courts. Below are multiple articles and opinions by attorneys on the matter:
Below are quotes from said articles:
"The California ban remains partially in effect until the district court issues a new order that lifts the stay of the judgement. Remember that in April 2019, following his ruling that the California magazine ban was unconstitutional, Judge Benitez ordered.
Thus, until a new order is issued, the above is the state of the law in the State of California. It is possible that Judge Benitez issues a new order and allows sales to re-commence, but it seems more likely that the status quo is maintained until the resolution of any en banc petition, sua sponte call for rehearing en banc, en banc proceedings, or perhaps even a petition for certiorari to the U.S. Supreme Court. Stay tuned and watch this page for updates!"
"Put simply, take caution! It is unclear whether California residents may begin to purchase magazines over 10 rounds yet. "
"As TTAG’s resident legal counsel LKB notes in the comments below, don’t look for another freedom week resulting from today’s ruling: The stay against enforcement of the injunction continues until the mandate (the official instructions from the Court) issues. The mandate won’t issue until there has been a ruling on the all-but-certain motion for en banc rehearing. And as the Hawaii open carry case demonstrates, CTA9 is perfectly willing to sit on such requests for, quite literally, years."
If anything changes we will update this blog post and all pertinent warnings on our website. We will gladly open up the floodgates to California customers when we can but will only do so when we can ensure we aren't putting customers or our business in the cross-hairs. Ideally this unconstitutional law will be thrown out but the process to get there may still be a long ways out.