Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > GENERAL DISCUSSION > General gun discussions
Register FAQ Members List Calendar Mark Forums Read

General gun discussions This is a place to lounge and discuss firearm related topics with other forum members.

Reply
 
Thread Tools Display Modes
  #41  
Old 11-16-2019, 7:30 AM
JoyfulJoker JoyfulJoker is offline
Member
 
Join Date: Sep 2018
Location: Flat Earth:)
Posts: 115
iTrader: 2 / 100%
Default

Why would the Solano County Sheriff then email us that it is ok to carry standard capacity mags obtained during freedom week if it is illegal? Does that only pertain to Solano County?
Reply With Quote
  #42  
Old 11-16-2019, 9:15 AM
RickD427's Avatar
RickD427 RickD427 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Jan 2007
Location: King County
Posts: 6,342
iTrader: 7 / 100%
Default

Quote:
Originally Posted by JoyfulJoker View Post
Why would the Solano County Sheriff then email us that it is ok to carry standard capacity mags obtained during freedom week if it is illegal? Does that only pertain to Solano County?
You would have to ask Sheriff Ferrara that question. I have seen no such e-mail from him.
__________________
If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.
Reply With Quote
  #43  
Old 11-16-2019, 9:46 AM
JoyfulJoker JoyfulJoker is offline
Member
 
Join Date: Sep 2018
Location: Flat Earth:)
Posts: 115
iTrader: 2 / 100%
Default

Dave from Blueridge Consulting just posted this on his Facebook page:

Recently I have been getting several calls and emails regarding the recent court ruling and High Capacity magazines and Solano Counties stance. So, I email the CCW coordinator Joe Pinder and have copied his response below. In short if you legally bought them you can carry them.


"If you purchased the magazine between March 29, 2019 and April 5, 2019 at 5:00PM per the court order the possession thereof is lawful. "
Stay Safe out there
Dave
Reply With Quote
  #44  
Old 11-16-2019, 10:19 AM
RickD427's Avatar
RickD427 RickD427 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Jan 2007
Location: King County
Posts: 6,342
iTrader: 7 / 100%
Default

Quote:
Originally Posted by JoyfulJoker View Post
Dave from Blueridge Consulting just posted this on his Facebook page:

Recently I have been getting several calls and emails regarding the recent court ruling and High Capacity magazines and Solano Counties stance. So, I email the CCW coordinator Joe Pinder and have copied his response below. In short if you legally bought them you can carry them.


"If you purchased the magazine between March 29, 2019 and April 5, 2019 at 5:00PM per the court order the possession thereof is lawful. "
Stay Safe out there
Dave
OK, thanks for posting the excerpt.

To clarify, the e-mail is not from the Solano County Sheriff (Thomas Ferrara) but rather appears to be from a subordinate in his office (Joe Pinder). Judging only from the context of e-mail excerpt, Mr. Pinder appears only address the issue of whether Solano County CCW may carry large-capacity magazines. Given the difficulties in prosecuting a possession case, coupled with the lawful objectives of a CCW holder, I think that he answered the question wisely, if inartfully. I doubt that Mr. Pinder fully considered the issues contained in this thread. But to be sure on that, you would have to put the question to Mr. Pinder. I don't see where the Solano County Sheriff is involved in this discussion.

If I were a CCW holder in Solano County and had large-capacity magazines for my permitted weapon, I would presently be carrying them. I view the likelihood of needing them (very, very, small) to be greater than the likelihood of being charged under any of the theories being discussed here.

The real bottom line here is that words have meaning and it's important to be exact, and correct, in the usage of words. There have been too many occasions that I've seen, both in military service and in the Sheriff's Department, where the inexact usage of words has gotten folks into trouble, injured, and killed.

My ire was raised in this thread when a number of posters faulted the CCW instructor for stating that the possession of large-capacity magazines was illegal, when in fact, the statement was correctly made. At the same time, there is no significant likelihood of any criminal sanction resulting from the possession of large capacity magazines (but that's a different issue), and, hopefully, the end result of Duncan v Becerra will be that the statute is found unconstitutional, but that hasn't happened yet.
__________________
If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.
Reply With Quote
  #45  
Old 11-16-2019, 10:24 AM
P5Ret P5Ret is offline
Calguns Addict
 
Join Date: Oct 2010
Location: SF Ebay
Posts: 5,176
iTrader: 1 / 100%
Default

Quote:
Originally Posted by JoyfulJoker View Post
Dave from Blueridge Consulting just posted this on his Facebook page:

Recently I have been getting several calls and emails regarding the recent court ruling and High Capacity magazines and Solano Counties stance. So, I email the CCW coordinator Joe Pinder and have copied his response below. In short if you legally bought them you can carry them.


"If you purchased the magazine between March 29, 2019 and April 5, 2019 at 5:00PM per the court order the possession thereof is lawful. "
Stay Safe out there
Dave
I don't think I'd accept that response as it's ok to carry them, and would ask them to clarify the response in regard to the question asked. Assuming that the question was "is it legal to carry them?".

I'm of the mindset that if you legally posses them you can use them, and asking permission usually leads to disappointing answers. It's generally easier to beg forgiveness than ask permission, especially since there currently is no crime involved in using the mags.

Last edited by P5Ret; 11-16-2019 at 10:27 AM..
Reply With Quote
  #46  
Old 11-16-2019, 10:32 AM
Mayor McRifle's Avatar
Mayor McRifle Mayor McRifle is offline
Calguns Addict
 
Join Date: Dec 2013
Location: Central Valley
Posts: 6,705
iTrader: 14 / 100%
Default

Quote:
Originally Posted by P5Ret View Post
I'm of the mindset that if you legally posses them you can use them,
You are correct.
__________________
Anchors Aweigh

Reply With Quote
  #47  
Old 11-16-2019, 10:41 AM
JoyfulJoker JoyfulJoker is offline
Member
 
Join Date: Sep 2018
Location: Flat Earth:)
Posts: 115
iTrader: 2 / 100%
Default

FWIW< Deputy Joe Pinder runs the CCW program.
Reply With Quote
  #48  
Old 11-16-2019, 10:48 AM
champu's Avatar
champu champu is offline
NRA Member, CRPA Member,
CGN Contributor
 
Join Date: Nov 2013
Location: Redondo Beach
Posts: 1,078
iTrader: 1 / 100%
Default

Quote:
Originally Posted by RickD427 View Post
The instructor didn't get anything wrong with his statement that it was a misdemeanor to possess a large-capacity magazine in public. What the instructor got wrong was the belief that possession was legal within the home.

At present, both are misdemeanor crimes.
It’s actually an infraction/misdemeanor wobblette.
Reply With Quote
  #49  
Old 11-16-2019, 11:15 AM
RickD427's Avatar
RickD427 RickD427 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Jan 2007
Location: King County
Posts: 6,342
iTrader: 7 / 100%
Default

Quote:
Originally Posted by champu View Post
It’s actually an infraction/misdemeanor wobblette.
"Wobber" and "Wobblette" are not levels of crimes. Please refer to Penal Code section 16.

A crime is classified as to its most serious punishment. Additionally, where crimes can be charged as felony/misdemeanor under section 17b (a "Wobbler"), only the prosecutor or court can "Wobble" it to a misdemeanor. It starts off as a felony, and nothing less than a felony, until that time.

"Wobblette" is a rather new concept. In regard to PC 32310, the statute appears to allow the officer to "Wobblettize" the violation.

But under PC 16, the offense still remains a misdemeanor.
__________________
If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.
Reply With Quote
  #50  
Old 11-16-2019, 11:52 AM
champu's Avatar
champu champu is offline
NRA Member, CRPA Member,
CGN Contributor
 
Join Date: Nov 2013
Location: Redondo Beach
Posts: 1,078
iTrader: 1 / 100%
Default

Quote:
Originally Posted by RickD427 View Post
"Wobber" and "Wobblette" are not levels of crimes. Please refer to Penal Code section 16.

A crime is classified as to its most serious punishment. Additionally, where crimes can be charged as felony/misdemeanor under section 17b (a "Wobbler"), only the prosecutor or court can "Wobble" it to a misdemeanor. It starts off as a felony, and nothing less than a felony, until that time.

"Wobblette" is a rather new concept. In regard to PC 32310, the statute appears to allow the officer to "Wobblettize" the violation.

But under PC 16, the offense still remains a misdemeanor.
Fair enough, so wobblers are a subset of felonies and wobblettes are a subset of misdemeanors.

So you could say that possession of a large capacity magazine is a “crime”, a “misdemeanor”, or a “wobblette” and all three are correct, with “wobblette” being the most specific/informative.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 6:49 PM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2018, Calguns.net an Incorporated Company All Rights Reserved.
Calguns.net and The Calguns Foundation have no affiliation and are in no way related to each other.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.