Closed AMA 2A AMA - We have 2A lawyer in the space! - Ask away

[ikeo1]

Updated:

I've converted this into a Q/A since it seems there's enough interest. Members can vote on the question by clicking on the ^ v characters to the side or bottom of the post.

We'll keep the questions open for a couple of days to give some time to answer them. So feel free to ask away so we can give @raellic some time to answer..

Ground Rules:

• This is personal opinion unless you leverage professional services or unless stated so.
  • At a minimum, this will give perspective from someone with a legal background and hopefully be fun and interesting.
• If you're not happy with an answer, consider why they are answering that way
• Ask questions clearly when possible
• Keep it Clean

Let the questions begin!

Original:

We're considering having an AMA with one of our vendors who is a 2A specific attorney @raellic . We're grateful to have someone in the 2A space who practices law who's up for an Ask Me Anything.

@raellic has a practice in the Bay Area at https://watters.law and is active in the 2A community. He trains and hosts classes, so we're glad to bring more people together for the community.

 

[Hit Factor]

Bay Area Man With Loaded Gun, Drum Magazine Runs From Officers: Police

The man reached into a bag carrying a loaded gun before officers tased him, police said.

patch.com

Story- not so interesting. What is remarkable is he wasn’t charged with the high capacity magazine- indicates the law is still unclear or still in suspense.

DAs understand that proving beyond a reasonable doubt that someone did not get their magazines during Freedom Week is a tall order.

 

[colton123]

if i come from another state with off roster firearms rifle or handgun? do i have to sell them or do i have to register them then i can sell them

 

[USMC06RET]

DAs understand that proving beyond a reasonable doubt that someone did not get their magazines during Freedom Week is a tall order.
View attachment 65729

Yes, that was circa 2020 and is outdated. The current 9th circuit decision on the California law is unambiguous as is the law itself. Based upon the SCOTUS decision (two days ago) to not grant review of Ocean State Tactical v. Rhode Island (large capacity magazines), I would say it is unlikely they are going to grant review of Duncan v. Bonta 2025.

Currently there is a partial stay on the enforcement until 10 July 2025 unless, SCOTUS miraculously grants review, in that case the stay would be extended pending the review. However, I wouldn't hold my breath if I were you.

 

[USMC06RET]

Legally speaking, Freedom Week has become irrelevant. The statute of limitations for receiving a large-capacity magazine is 3 years. There may be reasons to toll that, but those are rare and unusual. So whether you got your magazine during Freedom Week (which was sometime in 2019 if I remember right) or in the spring of 2022 no longer makes a legal difference: you can only be charged if you received it after June 3rd 2022.

But your argument is partly correct: The DA has to prove, beyond a reasonable doubt, that you received your magazine within the last 3 years.

You're right that freedom week is irrelevant but not because of the statute of limitations, rather because of the law that was just upheld by the 9th circuit on 20 March 2025, here is an excerpted paragraph and a link to the full statute.

(c) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing July 1, 2017, any person in this state who possesses any large-capacity magazine, regardless of the date the magazine was acquired, is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, or is guilty of a misdemeanor punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

California Code, Penal Code - PEN § 32310 | FindLaw

California Penal Code PEN CA PENAL Section 32310. Read the code on FindLaw

codes.findlaw.com

 

[treelogger]

You're right that freedom week is irrelevant but not because of the statute of limitations, rather because of the law that was just upheld by the 9th circuit on 20 March 2025, here is an excerpted paragraph and a link to the full statute.

That section is still not enforceable, until the 90-day (or 60-day?) hold expires, during which time the Duncan side will probably file an appeal to the Supreme Court, which will stop enforcement again until SCOTUS decides (or rejects) the appeal.

But you're going to be correct (in a few weeks, or perhaps half a year or a year): the mere possession of large-capacity magazines is likely to become a crime. At that point, Freedom Week will become even more irrelevant (that's an intentional pun).

EDIT: I just saw you said the same thing above already, so we agree.

 

[Michael the Beloved]

I ran into a paywall with that article. Here is an archive link that should work for everyone: http://archive.today/xM8wH

As this only happened ~3 - 4 days ago, don't be surprised if the charges are amended by the DA to include the drum magazine, if they haven't been already.

I would be surprised, because the DA won’t get more prison time for that charge. The other charges will get the defendant prison time, which is why the possession of the drum was inconsequential to the DA.

 

[Hit Factor]

Yes, that was circa 2020 and is outdated. The current 9th circuit decision on the California law is unambiguous as is the law itself.

I disagree. I learned fairly early on that very few things are unambiguous in the legal world, and nothing is over until the proverbial fat lady sings. But what do I know? I only started practicing law in 1989.

 

[treelogger]

Legally speaking, Freedom Week has become irrelevant. The statute of limitations for receiving a large-capacity magazine is 3 years. There may be reasons to toll that, but those are rare and unusual. So whether you got your magazine during Freedom Week (which was sometime in 2019 if I remember right) or in the spring of 2022 no longer makes a legal difference: you can only be charged if you received it after June 3rd 2022.

I just learned that the above statement is incorrect. I can't edit it to turn it into strikethrough.

Here's why: In California, the statute of limitations usually only starts when law enforcement discovers that a crime has been committed, not when the crime is committed.