California residents have until 5 p.m. Friday, April 5, to purchase large capacity magazines that can hold more than 10 rounds legally. In an order released mid-afternoon Thursday, U.S. District Court Judge Roger T. Benitez granted the state of California its requested stay of his ruling striking down the state's blanket ban on firearm magazines that hold more than 10 rounds.
However, in a win for California residents who have purchased or manufactured (by removing blocking devices in 10/20 or 10/30 magazines), Benitez created a legal safe haven in the order.
IT IS HEREBY FURTHER ORDERED that the permanent injunction enjoining enforcement of California Penal Code § 32310 (a) and (b) shall remain in effect for those persons and business entities who have manufactured, imported, sold, or bought magazines able to hold more than 10 rounds between the entry of this Court’s injunction on March 29, 2019 and 5:00 p.m., Friday, April 5, 2019.
It does not matter if your magazine is somewhere in the mail. It does not matter if it is still at the retailer's and being fulfilled. All that matters is that you've bought it before 5 p.m. Friday.
Benitez's stay came just hours after the California Department of Justice had notified the court of its intent to appeal directly to the Ninth Circuit by end of business Thursday had a stay not been issued.
It is estimated that potentially hundreds of thousands of large capacity magazines will eventually flood into the state of California as a result of this 7-day legal loophole created by Judge Benitez's order.