California requests stay of Judgement on standard capacity magazines

I can’t find where the California has definitely stated they are going to appeal but they have stated they want a stay of Judgement:

TO THE COURT AND ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Defendant Xavier Becerra, in his official capacity as the Attorney General of the State of California (“Defendant”), hereby does apply to this Court for an order, under Federal Rule of Civil Procedure 62, staying the Judgment entered in this action on March 29, 2019 (Dkt. No. 88) pending appeal to the United States Court of Appeals for the Ninth Circuit.  Specifically, Defendant requests that the Court stay the Judgment—which declares California Penal Code section 323101 unconstitutional and enjoined from enforcement—to preserve the status quo pending appeal as it existed prior to entry of the Judgment, whereby, during the pendency of the appeal, section 32310(a) and (b) will remain in effect and section 32310(c) and (d) will remain subject to the preliminary injunction issued on June 29, 2017 (Dkt. No. 28).  Defendant respectfully requests that this Court rule on this stay application by April 5, 2019.

My expectation is that if they get the stay they will drag their feet to so to as infringe upon the rights of the people in the 9th Circuit for the longest possible period of time.

Lawyer for the plaintiffs, C.C. Michel, says:

Duncan v. Becerra lawsuit — California DOJ files a motion asking Court to stay its ruling allowing acquisition of 10+ round magazines in California. Opposition filing coming soon.

I look forward to Michel’s filing. I’m hoping it will be as entertaining as the ruling by judge Roger T. Benitez. It’s not going to happen, but for a day or two I’m going to fantasize him saying the California AG and anyone who enforces laws such unconstitutional laws should be prosecuted (

You can follow the court filings here.


4 thoughts on “California requests stay of Judgement on standard capacity magazines

  1. Dunno what you’re seeing, but the weapons forum of *shudder* 4chan is loaded with CA owners who’ve been splurging damn near all their excess cash on mags from… every site that’ll sell to CA residents. It’s a lot.

    So if the dictators of CA get their way (they will), the box is already open.

  2. None of the sites I’ve looked at have much, if any, magazines in stock, and NONE of them list CA as having magazine restrictions currently.

  3. Annnnnd the stay is granted effective today at 5:00pm California time. Thousands of dollars have been spent, Thousands of magazines are being shipped but will no doubt arrive way past Judge Benitez’s deadline.

    Just another week for a California gun owner.

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