Posted: 8/15/2006 6:50:47 PM EDT
[#11]
Quoted: INFORMATION UPDATE
Hopefully, this will clear up some misconceptions, and allow you to realize how important this is. If this passes as it is, it would not be a clarification of the law. This would expand the legislation to include firearms it was not meant to include.
To the original poster: for a lawyer, your friend doesn't know much about the law. No disrespect intended. Please change the thread title, and please make it say "update on page 2".
This is essentially what it would do:
Here is a photo of someone's CA legal AR with a fixed magazine. A magazine is not detachable if it requires a tool or disassembly to remove. If this is the case, one can have any and all "evil features" on their rifle, as long as the OAL remains >30". Pistol grip, flash suppressor, vertical foregrip, collapsible stock, etc.
(a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
(1) A semiautomatic, centerfire rifle[ that has the capacity to accept a detachable magazine and any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(B) A thumbhole stock.
...etc
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As you can see, if (1) is not met (rifle does not have the capacity to accept a detachable magazine), then the rifle can have the other "evil features".
The only difference between this and a "free state" AR is a small, threaded hole in the mag release button, and two set screws (one on top of the other with blue loctite, in place of the spring). It complies with the letter of the law as currently written, but is not "permanent". Remove the top screw (the top screw is not necessary, and is only an added legal protection), and a few twists of the bottom screw will drop the magazine.
f the regulation goes through as-is, such a modification would have to be permanent. What is permanent? I don't know. The AG seems to think that epoxy or welding would classify it as permanent. They are NOT defining "permanently altered". They tried that once before and failed. They don't know how they are going to get 30,000+ receivers welded or epoxied, so they are trying to force people to take off the pistol grip. Basically, this would mean that people in CA with a legal AR, AK, FAL, or anything else really would have to use a detachable magazine and remove the pistol grip and/or any other evil features. This would also affect the Barrett M82, because the CA version has a non-permanent "swing down magazine".
This also has the side effect of making every SKS in the state an assault weapon (SKS with detachable magazine is on the ban list, this would make a fixed mag on the SKS detachable).
This does NOT affect pistols, nor does it affect all "semi-automatic centerfire, detachable magazine rifles". The M14/M1A, mini-14, su-16, m1 carbine, m1 garand (en-bloc clip does not equal magazine), etc are not affected by this ruling. However, tomorrrow's meeting is extremely important for the future of guns in this state. The DoJ MUST be made aware of the consequences of their actions.
i22.photobucket.com/albums/b343/ebolamonkey/maglock-1.jpg
They are not re-defining "detachable magazine". Instead, they are adding a new definition of "capacity to accept a detachable magazine".
Current definition of "detachable magazine":
“detachable magazine” means any ammunition feeding device that can be removed readily from the firearm with neither disassembly of the firearm action nor use of a tool being required. A bullet or ammunition cartridge is considered a tool. Ammunition feeding device includes any belted or linked ammunition, but does not include clips, en bloc clips, or stripper clips that load cartridges into the magazine. |
New definition of "capacity to accept a detachable magazine":
“capacity to accept a detachable magazine” means capable of accommodating a detachable magazine, but shall not be construed to include a firearm that has been permanently altered so that it cannot accommodate a detachable magazine. |
This does not make any sense, because a rifle built with a non-detachable magazine can not accept a detachable magazine. It can, however be made to accept one. Essentially, the DoJ is claiming that these rifles have "a capacity to accept a capacity to accept".
It is also unclear if they can force people to remove the pistol grip from their currently fixed-mag rifle. Not only would this likely be beyond their ability to do legally, it would render the firearm unsafe.
This rulemaking will likely fail on the grounds that it has an overall affect that exceeds the Department's authority. |
Thanks for the clarification... original post and title have been updated. Good luck out there!
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