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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel. |
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#41
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#42
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I'd argue that "to or by" means the same thing in #21 and #27. Quote:
The large-capacity magazine permit just extends "importation rights" to the permittee. Quote:
I could see (21) allowing a dealer to sell inventory, but not import it. He'd have to buy magazines that were already in-state.
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Jack Do you want an AOW or C&R SBS/SBR in CA? No posts of mine are to be construed as legal advice, which can only be given by a lawyer. |
#43
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I recall seeing that thread a while back but I'm not sure how to find it now. I'm not sure I'm convinced by that reasoning though; if the law has nonsensical construction, how does it even pass rational basis?
I suspect that construction to be: Quote:
Frankly, this law needs to die. If Californians have to keep jumping through more and more hoops to remain legal (c.f. the AW flowchart), people are going to unintentionally violate those laws en mass. This may be legal (though after MacDonald I'm not so sure) but it is most certainly not just. Are there not multiple federal challenges available, based on commerce or equal protection? I do recall hoffmang once posting that it was illegal when it was passed; I figured that must refer to interstate commerce protectionism, but I could well be wrong.
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Last edited by nobody_special; 07-26-2010 at 10:20 PM.. |
#45
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-Gene
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Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights on Twitter. Opinions posted in this account are my own and not the approved position of any organization. I read PMs. But, if you need a response, include an email address or email me directly! "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
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#46
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Just so everyone understands, if you buy a Hi-cap today, and the seller gets busted, then rolls over on you as a buyer, the magazine will be taken away. It is ill gotten. It would be the same as unknowly buying stolen property on e-bay. If you wanted to play the, "I lost it " You best have a lawyer on speed dial. |
#47
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D@*#, too many good "Sig" line quotes!!!!
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#49
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"I declare to you that women must not depend upon the protection of man, but must be taught to protect herself, and there I take my stand." Susan B. Anthony |
#50
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A lot of people bought a buttload of mags for guns they didn't own before the ban went into effect. This wasn't a "Gee, I woke up Jan-1 and the gun shop wouldn't sell me any mags that held more than 10 rounds"... there was at least 6 months of warning.
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- Rich |
#51
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-Gene
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Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights on Twitter. Opinions posted in this account are my own and not the approved position of any organization. I read PMs. But, if you need a response, include an email address or email me directly! "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
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#54
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Ya... but it's a catch-22 in that it does require you to open your mouth (and pray that the judge rules that the SOL begins at the time of the crime, not the time of discovery of the crime).
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- Rich |
#55
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The fact of the matter is: 1 - There is (apparently) no case law. All high-cap cases that anyone has been able to find have involved importation. 2 - The violation is a wobbler. ANY charge is unlikely without other charges, and a felony charge is unlikely if it is only a half dozen or so for personal use. Importation/manufacture with intent to sell by an unlicensed person? Ya... that's probably going to get the book 3 - Conspiracy/accessory charges are EXTREMELY unlikely in the case of misdemeanor charges.
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- Rich |
#56
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I think a smart lawyer would get a ruling on SOL before he had his client admit anything. And he would probably argue that they would need to prove that he had committed the crime during the SOL, and not that he had commited a crime sometime since 2000.
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Jack Do you want an AOW or C&R SBS/SBR in CA? No posts of mine are to be construed as legal advice, which can only be given by a lawyer. |
#57
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CoCo County CCW Timeline: App dropped off in person: 8/10/22 Found the instructions on the page for the LiveScan: 8/17/22 CA Background: 8/18/22 FBI Background: 8/18/22 Firearms Background: 8/19/22 Approval Email: 3/15/23 Qualification: 4/7/23 |
#58
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Whether the state can prove it or not, it is still an illegal transfer.
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- Rich |
#59
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So, the .gov thinks Oscar The Grouch really does live in a trash can and give out standard capacity mags...
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#60
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If they bought them then GIFTED them to you as a friend/family member they probably wouldn't be in trouble. Selling them would probably end up on termination and potential charges. |
#61
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This is my vote for post of the decade. I know that it's early, but I don't forsee anything better-except perhaps something about a complete reversal of the AWB.
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#62
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| I don't pretend to be an "authority." I'm just a guy who trains a lot, shoots a lot and has a perspective. Check the ZombieTactics Channel on YouTube for all sorts of gun-related goodness CLICK HERE |
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