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California appeals court upholds ban on higher-capacity magazines, spurring unusual video dissent - 21 March 2025

JHSD is correct, USMC is incorrect.

USMC also stated earlier in the thread that "bullet buttons" were required for California compliance, which is also incorrect information. I believe USMC, while well intentioned, is misinformed in California firearms law.
 
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Why doesn't this run afoul of the takings clause of the 5th Amendment? Assuming you acquired your magazines legally, you are now being denied the use of your lawfully acquired personal property.
 
Why doesn't this run afoul of the takings clause of the 5th Amendment? Assuming you acquired your magazines legally, you are now being denied the use of your lawfully acquired personal property.
I want to say that was the original scope of the case. Judge Benitez then handed out a ruling saying not only can you not take, but the entire regulation is unconstitutional. This was a much bigger ruling than anyone expected and now has become the centerpiece of the case.
SPECULATION AHEAD: IMO the supreme court can very well rule that the regulations on magazines (or even possession) is constitutional and can go forward but the takings cannot or arrests for prior possession cannot, resulting in resumption of the status quo or a magazine registration scheme, or a mandatory buyout etc. (Essentially 2a loss 5a win)
 
Because it is not a taking. A taking is when the government wants your property to do something with. For example: You own some farming land, and the school next door needs the land to expand its parking lot or football field. They can't just take your land, they have to go through the whole procedure of "imminent domain", and they have to compensate you fairly for it.

But making something illegal is not a taking. To begin with, your magazines (which may now be illegal to possess) are not being taken away from you. You are perfectly free to destroy them yourself, or make them legal (by blocking them), or to sell them out of state. You can melt them down and make a nice sculpture from the metal. And even if the only viable (non criminal-) option would be to surrender them to the state, it is still not a taking, because the state will not do anything productive with them, it will just destroy them. Remember, for the last decade or so, large-capacity magazines have been declared a "nuisance" (that's a legal term of art), meaning they can be confiscated and destroyed, whether you acquired them legally or not, whether continued possession is legal or not. Again, destruction of nuisances is not a taking, and has never been. The situation here is quite analogous to when a drug is declared illegal. For example, when cocaine was first made illegal, all the dealers who had stockpiles of them were never compensated for their loss.

Finally, there is another closely related thing that is not a taken, which is a diminution in value due to law. For example, you buy an empty lot, wanting to build a house on it. You wait 10 years, and during that time, the rules for building get toughened. In California, that has happened several times, for example in reaction to earthquakes, or more recently septic system rules and fire protection (setback from vegetation, minimum standards for driveways and access roads). Under the new rules and laws, it is no longer possible to build on the lot you've owned, or perhaps it is theoretically possible, but no longer economically viable (the new driveway would cost $5M for example). No, you don't get compensated for your bad investment, that is not a taking! But note that in this situation (loss of value due to regulation), there is a crucial difference between mandatory and discretionary decisions. Very roughly, if you apply for a building permit and get denied because of some reason that falls *in the discretion of the official*, you can maybe sue for loss of value; but if you get denied because your permit *violates regulation*, you will not be compensated. The detailed laws for these "loss of value" lawsuits are very complex.
 
Treelogger-To counter your logic. You build a home on your lot with all applicable permits and inspections. Then the building codes change to only allow low capacity homes. You are "grandfathered" in. You don't have to tear it down and rebuild it to a lower square footage just because new homes must be low capacity.

It would be a "takings" if the government forces you to do that (especially at your expense and under threat of lawfare) because they want smaller homes for whatever rational they come up with.

As for magazines, I don't know if it qualifies as a "taking." Maybe, maybe not. Courts would have to decide that. We would only be guessing.

Forcing registration is one thing, but forcing uncompensated alterations/ surrendering/ disposing of legal property is another.

If this is allowed to stand, then it opens up pandoras box to all facits of peoples property that are allowed to be retroactively taken from them.

For example, new law outlaws all gasoline engines, you must bear the cost to upgrade your 68 charger or 2024 prius to EV or sell it out of state.
 
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For example, new law outlaws all gasoline engines, you must bear the cost to upgrade your 68 charger or 2024 prius to EV or sell it out of state.
BTDT. New law outlaws all diesel engines that don't have DEF in heavy-duty trucks (over 14K lbs GVWR). All heavy-duty diesel trucks older than 2010 or 2011 have to be sold out of state, or wrecked. In theory they could be upgraded, but that is exceedingly expensive. We've been through this, the state has already done that.

And this has been "allowed to stand".

To get to your building permit example: Look at the effects of the SCU fire. About a thousand homes burned or were damaged. Very few have been rebuilt or repaired. Why? Because under the new building codes, they couldn't be built any longer; in many cases what stops them is the new statewide septic system rules. So it's not exactly like tearing down an existing house, but it is quite close.

Regulatory or criminal code changes do not amount to a taking. As much as you wish for it to be otherwise.
 
JHSD is correct, USMC is incorrect.

USMC also stated earlier in the thread that "bullet buttons" were required for California compliance, which is also incorrect information. I believe USMC, while well intentioned, is misinformed in California firearms law.
Yes, one has to always keep up with legislative changes that as Benitez put it "would make an angel swear". "Bullet buttons" were a fantasy intended to "fix" the "problem" by requiring a tool to drop a mag... this was about as succesful as a screen door on a submarine, SO... they re-wrote all the laws so that Bullet buttons were verboten, and certain "scary features" were banned, UNLESS your firearm had something to prevent the mag being removed without opening the action, if you had a "fixed mag", you could have scary features... yeah, this is how illogical the logic applied to "common sense gun laws" works. Are ya swearing yet?!

Part of the problem here is the assumption that criminals or psycho/sociopaths (often with suicidal ideations, either through self-identification as dead, or suicide by cop) will give two poops about whether their weapons of choice are against the law - they WILL NOT! A lunatic most of the time INTENDS to end up dying while taking as many others with them, so they couldn't care less about "common sense gun laws" that only tack on some extra charges - they are dead... Thus all the warm fuzzy "feel good 'cause we DID SOMETHING" laws overwhelmingly criminalize law abiding citizens who aren't "child killers" like the anti-gunners like to portray 2A proponents...

As far as the 9th, it's the MOST overturned circuit in the country, SCOTUS already sent this one back once, and is sitting on two similar cases, VERY likely waiting for the last year as the 9th twiddled and put off releasing their "opinion". Benitiez set this case up for SCOTUS, the question is whether the 9th made crap up (uh huh) to reach their "opinion"... SCOTUS might well be chomping at the bit to slap the 9th sideways, along with the AW bans. The Second has been a second class RIGHT for far too long.

If the analysis I have read is correct, the 9th took a crazy twist, deciding that a magazine was an "accessory" so therefore has NO protection under the Second Amendment, as it is not a "firearm". Problem with this "logic" is that a magazine has NO OTHER USE other than as used with a firearm, and a typical modern firearm REQUIRES a magazine to function. More important factually, only the serialized frame is a "firearm", meaning that in theory laws could be passed banning virtually the entire rest of a firearm piece by piece, and say it's not a gun, so no 2A protection whatsoever....

There were supposedly well over 1 MILLION "large cap" mags that entered the state JUST DURING FREEDOM WEEK!!!! Has there been an increase in people killed by ANY of these? <crickets> Or does this constitute "in common use"...? It is unlikely that SCOTUS will say that an arbitrarily determined capacity (which has been decided to be different in different locations) makes one mag unprotected by the 2A, while another is covered under 2A. How is three 10 round mags somehow less lethal than a 30 round? Yeah, if one practices mag swaps, it ain't, and anyone arguing otherwise is just blowing smoke.

The 9th is basically saying you can have as many guns as you want (except the ones they say you CAN'T of course, which to the CA legislature would mean you can't have ANY), as many bullets as you want (or can afford after the sin taxes and fees), and as many 10 round mags as you want, but if you own a mag over 10 capacity, you're a "criminal", because "the children". The map for the ANTI-2A crowd is to chip away at Constitutional RIGHTS incrementally until you HAVE NO 2A RIGHTS. Choose a part of a firearm that it can't funcion without (like maybe firing pins MUST have a microstamp? Sound familiar?) and make a law requiring that "feature" or you can't buy that part or a gun without it (and yes, I believe they already passed something to that effict to kick back in in 2028 IIRC, despite not appealing the adverse ruling on microstamp requirements!!). But of course the firing pin isn't a "firearm", so no 2A protection - do you see now why the current path is one designed to stomp out guns???? Incremental bans until you can only buy a single shot gun and a handful of bullets... maybe. There are even those posting here that are nodding along about how the incremental "death by 1000 cuts" seems "OK"... it's not.


I agree that civil discourse is needed, along with a firm and unwavering defense of 2A rights. Just imagine if all the other RIGHTS were as easily circumvented (like you can't use more than 10 words to make a point that disagrees with a "politically acceptable" position, or you lose your 1st amendment protections, and are a felon/enemy of the state). If we rely on "common sense" that frankly does not pass the smell test, we can and will lose rights intended by the founding fathers for a free citizenry.


The mainstream anti-2A monologue is so often easily debunked, yet sometimes even some "pro 2A" individuals get sucked into nodding in agreement, and a large portion of the "public" is as clueless as can be, so they chug the anti-2A KoolAid.

As firearm enthusiasts, we have to be willing to speak up and call out the BS. There is ZERO proof that an arbitrary limitation on magazine capacity (or most other "common sense gun controls") will save even one life - it's all speculation and opinion! Just because it's the opinion of a bunch of clueless guys/gals in black robes doesn't make it right, and we should not forget that.


I'd be interested in starting a thread that might try to identify what real solutions are needed and would actually WORK to reduce so called "gun violence". To start with, roughly 60% of gun deaths are SUICIDES... unless one is a terrible shot, that only takes ONE round, so mag capacity is pretty much as irrelevant as can be. Yet here we are, dealing with discussing "feel good" laws that screw over the law abiding, gun safe citizen while doing virtually nothing to save lives.
 
BTDT. New law outlaws all diesel engines that don't have DEF in heavy-duty trucks (over 14K lbs GVWR). All heavy-duty diesel trucks older than 2010 or 2011 have to be sold out of state, or wrecked. In theory they could be upgraded, but that is exceedingly expensive. We've been through this, the state has already done that.

And this has been "allowed to stand".

To get to your building permit example: Look at the effects of the SCU fire. About a thousand homes burned or were damaged. Very few have been rebuilt or repaired. Why? Because under the new building codes, they couldn't be built any longer; in many cases what stops them is the new statewide septic system rules. So it's not exactly like tearing down an existing house, but it is quite close.

Regulatory or criminal code changes do not amount to a taking. As much as you wish for it to be otherwise.

Take a few minutes to read the Declaration of Independence... a document that outlines the grievances of the colonies against King Georges' oppressions.... King George seems a bit of a wanker in comparison to today's nanny state.

Congratulations if this awakens an appreciation of the reasons those closest to that Declaration saw the need for the Second Amendment. They knew all too well the lessons of Lexington and Concord when "taking" went far enough that a free people said "enough". There were of course some colonists that believed that they should just accept King Georges rule(s). I think "we the people" (of the US) generally turned out OK in terms of the road taken, but can we keep it, or will we sacrifice our freedoms on the altar of feelz and opinions?
 
BTDT. New law outlaws all diesel engines that don't have DEF in heavy-duty trucks (over 14K lbs GVWR). All heavy-duty diesel trucks older than 2010 or 2011 have to be sold out of state, or wrecked. In theory they could be upgraded, but that is exceedingly expensive. We've been through this, the state has already done that.

And this has been "allowed to stand".

To get to your building permit example: Look at the effects of the SCU fire. About a thousand homes burned or were damaged. Very few have been rebuilt or repaired. Why? Because under the new building codes, they couldn't be built any longer; in many cases what stops them is the new statewide septic system rules. So it's not exactly like tearing down an existing house, but it is quite close.

Regulatory or criminal code changes do not amount to a taking. As much as you wish for it to be otherwise.

For commercial use vehicles must be brought up to standards. Yes they got away with that one, which is crappy. But joe bobs 89 dodge cummins doesn't need to be brought up to new standards. Examples I gave for vehicles were not commercial vehicles. Regulation of commercial vehicles is a whole other topic

Correct me if im wrong here, you can still own a heavy duty diesel that doesn't comply, you can still use it on your private property legally, but you can not use it on public roadways.

That is also why I brought up a home instead of a business in my building code example.

A rebuild of a house after a fire must comply with new regulations. But simply tearing down a permitted and inspected and passed home because building codes change to reflect a reduced square footage in all new homes is unheard of.
 
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Yes, I'm very aware of those regulations, as the owner of three large diesels. None are used commercially, yet they fall under the CARB regulations. One is road legal, the other two are indeed confined to private property.

From a financial viewpoint, we were more the beneficiary than the victim of the new diesel regulation: Two of them we bought relatively cheaply, because the previous owner had to get rid of them. Our gain was the previous owner's loss. A loss induced by change in law or government regulation.

And all the examples from building code enforcement don't really give direct guidance to "takings", because real estate law adds a whole other layer of complexity. Quod licet iovi non licet bovi: A million dollar house is legally treated differently from a ten dollar magazine.
 
It's a darn shame that was able to stand in with regards to personal heavy duty vehicles. I think with the current judicial make up we can put an end to future "takings". But only time will tell. I am optimistic this is the vehicle case that ends it.

I hope this was a mutually cordial debate that didn't go too far off topic.
 
I would love to have a legal principle that says: Anytime a government action diminishes the value of someone's property significantly, the government has to pay. It would go along with other principles, for example: anytime the government wants to regulate something with permits, registrations, audits, or inspections, the government has to bear its own cost, and can not charge fees to the party that's being inspected/audited/... and so on. Funny we're discussing this right now, because I'm in in the middle of dealing with DoT, CA-DoT, DMV and CARB paperwork, and oh boy, is it ever so difficult, over the top, and expensive.

Along the same line, I would love to see the US legal system to adopt the English rule: The losing side pays ALL costs of any lawsuits, for both sides. Ideally apply this also to criminal and regulatory cases

BUT: That's not the world we live in right now. It is a dream world. And I'm quite sure that we're not going to get there in the near-term future (like dozens of years), because it would simply curtail the power of regulation too much. And all political sides plus the judiciary would absolutely hate that. And even "with the current judicial make up", there is absolutely no way to get there. What one side wants to do to guns, the other side wants to do to abortions, just to pick out common hot potato issues.

And the case of large-capacity magazines is a particularly bad example to hang this on. Their value has not been destroyed. If someone owns a lot of them (for example acquired during freedom week, ha ha), they are perfectly free to exploit that latent value by selling them in other states. Only the uninformed and unprepared will have them confiscated, and our legal system usually doesn't cater to those groups. (Except when it does, which makes matters ever worse, don't get me started on judges that work on emotions, virtue, and pity.)
 
FFS, stop calling them “high capacity” magazines. They’re “standard capacity” magazines. Go ahead and call 10 rounders “low capacity” all you want.

This thread just proves that FUDs are our greatest enemies. Basing their opinions on feelings. Feelings aren’t facts.

Here’s a fact for you: you don’t need a bullet button to drop a magazine in a featureless configuration. If you are so out of touch that you don’t know this fact, your opinion is based on ignorance.

And, if you’re ready to give away your God given rights because some tiny percentage of the population are capable of a mass shooting, you should also castrate yourself to prevent rape. While you’re at it, get rid of your car to prevent psychotic individuals from driving through parades.

I don’t know whether to laugh or cry that a self proclaimed retired defender of the constitution is willing to give enshrined rights away.
 
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September 19, 2019​

Tom Gresham​



The Cake
Let's say I have this cake. It is a very nice cake, with "GUN RIGHTS" written across the top in lovely floral icing. I received it from the 2nd amendment.

Along you come and say, "Give me that cake."

I say, "No, it's my cake."

You say, "Let's compromise. Give me half." I respond by asking what I get out of this compromise, and you reply that I get to keep half of my cake.

Okay, we compromise. Let us call this compromise The National Firearms Act of 1934.

There I am with my half of the cake, and you walk back up and say, "Give me that cake."

cake

I say, "No, it's my cake."

You say, "Let's compromise." What do I get out of this compromise? Why, I get to keep half of what's left of the cake I already own?

So, we have your compromise -- let us call this one the Gun Control Act of 1968 -- and I'm left holding what is now just a quarter of my cake.

And I'm sitting in the corner with my quarter piece of cake, and here you come again. You want my cake. Again.

You say, "Let's compromise once more." What do I get out of this compromise? I get to keep one-eighth of what's left of the cake I already own?

So, we have your compromise -- let us call this one the Machine gun ban of 1986 -- and I'm left holding what is now just an eighth of my cake.

I sit back in the corner with just my eighth of cake that I once owned outright and completely, I glance up and here you come once more.

You say nothing and just grab my cake; This time you take several bites -- we'll call this compromise the Clinton Executive Orders -- and I'm left with about a tenth of what has always been MY CAKE and you've got nine-tenths of it.

Then we compromised with the Lautenberg Act (nibble, nibble), the HUD/Smith and Wesson agreement (nibble, nibble), the Brady Law (NOM NOM NOM), the School Safety and Law Enforcement Improvement Act (sweet tap-dancing Freyja, my finger!)

I'm left holding crumbs of what was once a large and satisfying cake, and you're standing there with most of MY CAKE, making anime eyes and whining about being "reasonable", and wondering "why we won't compromise". ~ Tom
 
Death by 1000 cuts... is still dead... Freedom dies if not defended against "compromise". "Shall not be infringed" was to place restrictions upon a government from ever being tyrannical against "We the People". Today it's 10 round limits, tomorrow....7? 5? 3? 1?... or maybe a dull butter knife or a sharp stick.


I pointed out in another forum that in the current environment, a home invasion typically includes 4-5 perps, each likely to have illegal mags and probably switches, so you've got your "legal" 10 rounder and hopefully a few mags you can grab... Given that under pressure, trained police usually hit what they are shooting at less than 50%, and you probably won't do any better, if you're lucky you might get one or two bad guys down. The police are there when it's already over, to "mop up", and call the coroner, who will bag and tag you and yours because you were a good little subject.

Still think that "10 rounds" is worth betting your life on? The Second protects the RIGHT to defend oneself and one's family, along with at least in theory your community and nation in the event of larger catastrophies. How many acts of government in our current state have made you "feel safer" and more able to defend against criminal acts or civil unrest?? Scotus has already been leaning more and more towards protecting the right to self defense as the Constitution intended, so we shall see..
 
The idea that seems pervasive in government circles is that all laws will apply equally to criminals and honest citizens. “This will save lives” is always the argument, and sometimes it’s correct. But nobody asks, or seems to care, whether it’s saving the lives of honest citizens or the criminals! If criminals threaten the lives of honest citizens, and the criminal(s) lose the fight and lose their lives, that’s a good thing for the country. There’s no value in saving those lives.
 
A large capacity magazine is not required, any magazine will do. So the "large capacity" aspect of the magazine does not need to be protected under the 2A. But you are correct in the following sense: A complete ban on all magazines would impact the 2A.

I have not yet read the decision, and I hope the court made that fine distinction. Even if they did not, I don't think it will make a difference on appeal.
One could argue that "large capacity" magazine isn't a thing. If there were no rules that stated magazine should be limited they quite frankly wouldn't exist in the quantity that they currently do. Example being a Glock 17, the firearm had initially been created to house 17 rounds of ammunition. However, many states have limited that to only 10 which created the 10 round mags.
 
FFS, stop calling them “high capacity” magazines. They’re “standard capacity” magazines. Go ahead and call 10 rounders “low capacity” all you want.
The term "standard capacity magazines" depends heavily on the pistol you are discussing. For full-size guns, it can be 7 rounds (ex.: 1911) or 8 rounds (ex.: P210). For some compact carry guns, it can be lower. For double-stack guns and "plastic fantastics", it is typically 12 to 17, depending on caliber. Then there is the FN57 with its standard 20-round magazine. The notion that 10-rounders are "low capacity" is quite silly; for a 1911, that's an extended capacity magazine, and it sticks out the bottom significantly.

One could argue that "large capacity" magazine isn't a thing.
California law calls magazines over 10 rounds "large capacity magazines". I prefer to use that term when discussing California law, and its effects on people, and the lawsuits about it. That helps the discussion to be clear.

You're both free to call them whatever you want.
 
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