GUN Ca DOJ wants to make anything with detach mag an assualt weapon

Discussion in 'On Topic' started by TL1000RSquid, Aug 15, 2006.

  1. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    saw this over on arfcom thought some of you cali guys might be interested in sending some emails out.

    http://ar15.com/forums/topic.html?b=1&f=5&t=491313

    --

    This would include most pistols.

    I think we need a firemission in CA! Call/write Jeff Amador (see below).

    Here is the proposed rule (pdf file): www.oal.ca.gov/notice/26z-2006.pdf on .pdf page 25 of 57

    TITLE 11. DEPARTMENT OF JUSTICE
    NOTICE OF PROPOSED RULEMAKING
    The Department of Justice (“Department” or “DOJ”)
    proposes to amend Section 978.20 of Division 1, Title
    11 of the California Code of Regulations (CCR) regarding
    definitions of terms used to identify assault weapons
    after considering all comments, objections, and recommendations
    regarding the proposed action.
    INFORMATIVE DIGEST/POLICY STATEMENT
    OVERVIEW
    Penal Code (PC) section 12276.1 identifies restricted
    assault weapons based on specific characteristics or
    features. Currently, California Code of Regulations
    (CCR) section 978.20 of Title 11 defines five terms
    used in § 12276.1 PC. The proposed amendment will
    define a sixth term, “capacity to accept a detachable
    magazine”, as meaning “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.”

    And here is the my friend's email to the CA DOJ.

    -----Original Message-----
    From: Hank_Rearden1's buddy
    Sent: Monday, August 14, 2006 6:12 PM
    To: [email protected]
    Subject: Proposed rulemaking - Sec. 978.20, Div. 1, Title 11


    August 14, 2006
    VIA EMAIL


    Jeff Amador
    Field Representative
    Department of Justice
    Firearms Licensing and Permits Section
    P.O. Box 820200
    Sacramento, CA 94203-0200


    Re: Proposed rulemaking - Sec. 978.20, Div. 1, Title 11


    Dear Mr. Amador:


    I am writing in my individual capacity regarding the Department's
    proposed amendment to Section 978.20 of Division 1, Title 11, of the California
    Code of Regulations regarding definitions of terms used to identify assault
    weapons.

    The proposed amendment would define an "assault weapon" as any firearm
    "capable of accommodating a detachable magazine" (along with 5 other
    definitions). This new definition has the potential to very substantially
    expand the scope of California's "assault weapon" ban.

    Obviously, virtually every semi-auto (non-revolver) pistol has the
    capacity to accept a detachable magazine. California law already regulates the
    capacity of pistol magazines. To avoid legal gamesmanship, any amendment
    ought explicitly to exempt semi-automatic pistols that do not otherwise fall into a different "assault weapon" category.

    In addition, the Department's statement of necessity is cryptic at best.
    The statement indicates that "may gun enthusiasts and firearm dealers in
    California have misconstrued the term 'capacity to accept a detachable
    magazine,'" but offers no explanation of how the phrase has been
    "misconstrued." Additional rule-making is inappropriate in the absence
    of a clearly-stated need for new regulations . . . and this statement
    simply does not suffice.

    I respectfully submit that no additional rulemaking is necessary at this time.


    Yours very truly,



    Hank_Rearden1's Friend

    Hank_Rearden1's Friend
    Admitted in California and the District of Columbia
    Law Firm Name and Info Redacted]

    Here's a fairly expansive look at the issue and some replies by the DOJ to specific questions about specific receivers/rifles.

    www.calguns.net/a_california_arak.htm
     
  2. Clusive

    Clusive Happiness is a belt-fed weapon.

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    If that happens, then I'll be turning in my resignation and going home to Norway for good.
     
  3. reman

    reman New Member

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    sucks for Cali people
     
  4. Y2kAccord

    Y2kAccord Everything happens for reasons I just dont know

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    HA HA /Nelson
     
  5. Gimik

    Gimik New Member

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    That whole state needs to move to England.
     
  6. PanzerAce

    PanzerAce Active Member

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    *sigh*

    Actually, it would NOT make everything with a detach mag an assault weapon. What it would do is make anything that has a pistol grip/other evil features (SKS in certain situations, M1 Garand with flash hider, basically any semi auto that now has a fixed mag) into an assault weapon if there is any possibility of making it a drop mag. The biggest problem with this is that SKSs with a detach mag are already considered AWs, so if 'capacity to accept' changed, then EVERY SINGLE SKS IN CALIFORNIA becomes an assault weapon.

    Believe me, there is no way in hell the DOJ will be able to get this through, since when this section of the code was first written, they were asked specifically to define capacity to accept, and they claimed that it was unambigous.

    Edit: I love how none of those people are from california and have a perfect understanding of how our gun laws work. Hell, it took very smart people 5 years to figure out that we could get ARs and AKs still. My advice to you guys with regards to anything CA related on firearms, ignore barfcom and stick with calguns.net, where people actually know what they are talking about with regards to CA law.

    Edit 2: Capacity to accept currently means that you can remove/insert a magazine without the use of tools (a bullet is considered a tool) or major disassembly of the firearm.

    Edit 3: Should I just do a post that can be stickied that is a sort of "CA gun laws for people that live in free America"?
     
    Last edited: Aug 15, 2006
  7. mvizos

    mvizos New Member

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    No. Free Americans don't really care, we simply want to make fun of CA people and the hassles they have to endure to enjoy their 2nd amendment rights.
     
  8. PanzerAce

    PanzerAce Active Member

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    No, because bolt actions cannot be AWs for all intents and purposes (there are ways, but it would make no sense to have a bolt gun configured those ways)
     
  9. PanzerAce

    PanzerAce Active Member

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    what, you think the gun grabbers are going to be content with just fucking up CA? put down the booze if you really believe that.
     
  10. lobstradomus

    lobstradomus New Member

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    :ugh: This is the attitude that lets this kind of shit happen, the rest of the country figures its not their state so it wont make any difference to them. There are over 60 million gun owners in the US, but for some reason we all keep losing our rights little by little.
     
  11. Ghostrider4450

    Ghostrider4450 New Member

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    Out of my mind, brb never.
    Thats how its always been. There never will be a SHTF/Gov takeover like some people believe. Its happening everyday, little by little, and the new generations become apathetic or just simply dont care because they are distracted by popculture BS and other 'distractions.'
     
  12. Ford4Life

    Ford4Life Guest

    Are you really surprised? California has been teetering on the brink of a communist state for years; it's only a matter of time before it goes all the way. If CA does this expect NY and other ultra left states to do the same thing.
     
  13. Artyboy

    Artyboy Necessity is the excuse for every infringement of

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    And if they somehow manage to convince others that it works then the rest of the US won't be far behind.
     
  14. BigBadJohn

    BigBadJohn Pay-back time OT Supporter

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    So my 5 round mag bolt action Anschutz .22 would be classified as an assault wepon if I lived California?

    Thats just fucked up
     
  15. PanzerAce

    PanzerAce Active Member

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    Good job reading my clarification posts :ugh: also, rimfires are only AWs in even wierder situations.
     
  16. Stare At The Sun

    Stare At The Sun New Member

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    Hank Rearden 1 Eh?

    :bowdown:
     
  17. Sssnake

    Sssnake meh

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    Actually some 22s do follow under the Assault Weapon classification depending on the juristiction.
    Here is the problem. These are written vaguely for a reason. With vagueness comes litigation and fluxuation so that while it's being presented, it can be presented as one way to gain popularity and votes, but once in place, a juristiction has the ability to use it another way.
    It's similar with the Democrat's version of the Assault Weapons Ban Revision bill that they keep trying to get passed. It could effectively classifiy any weapon with a grip as an assault weapon if it wasn't a single shot. Welcome to the wonderful world of legalese, it's all part of the game nowadays.
     
  18. PanzerAce

    PanzerAce Active Member

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    :ugh:

    unless they have started making .22 centerfires, then no.

    edit: I am ignoring pistol AW stuff, because thats even more fucked than the rifle rules.
     
  19. Sssnake

    Sssnake meh

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    Not talking about just CA gun bans. CA. at least allows .22 rifles...so far. (just don't go looking for those evil 25 round mags.)
     
    Last edited: Aug 16, 2006
  20. TwistedMind

    TwistedMind New Member

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    They have made .22 centerfires for a long time now.
     
  21. PanzerAce

    PanzerAce Active Member

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    link?
     

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