Wiese

Wiese v. Becerra

Good Law
263 F. Supp. 3d 986
United States District Court, Eastern District of CaliforniaJune 29, 2017Civ. No. 2:17-903 WBS KJNCalifornia5,747 words

Opinion

Lead Opinion

Shubb, J.

MEMORANDUM AND ORDER RE: MOTION FOR PRELIMINARY INJUNCTION

Before the court is plaintiffs’ Motion for Issuance of Preliminary Injunction. (Docket No. 28.) The court held a hearing on the request for a preliminary injunction on June 29, 2017.

I. Factual and Procedural History

This case concerns a challenge to California’s prohibition on the possession of gun magazines that can hold more than ten bullets, or “large capacity” magazines (“LCM”). 1 Although California had banned the purchase, sale, transfer, receipt, or manufacture of such magazines since 2000, *990 it did not ban the possession of these magazines. Fyock v. City of Sunnyvale, 779 F.3d 991, 994 (9th Cir. 2015). In effect, Californians were allowed to keep large capacity magazines they had obtained pri-orato 2000, but no .one, with a few exceptions such as law enforcement officers, has been allowed to obtain new large capacity magazines since 2000.

On July 1, 2016, however, California enacted Senate Bill 1446 (“SB 1446”), which amended California Penal Code § 32310,-criminalizing the possession of large capacity magazines as of July 1,2017, regardless of when the magazines were obtained. Then, on November 8,. 2016,…

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