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View Full Version : Will the CA Assault Weapons Ban ever expire?


N_S
05-27-2008, 4:46 PM
I know that some laws have a period of time until they have to be renewed (kind of like an AOL trial offer). Is the CA AWB one of those laws? Or is it chiseled in stone as one of the 10 left-wing commandments?

Toolbox X
05-27-2008, 4:46 PM
No.

Pthfndr
05-27-2008, 4:47 PM
There is no sunset clause in the CA AW laws like there was for the federal law.

trinydex
05-27-2008, 4:56 PM
but we might beat it someday!

Quiet
05-27-2008, 5:17 PM
Only way for it to go away is legislation is passed repealing the law.

ohsmily
05-27-2008, 5:18 PM
Only way for it to go away is legislation is passed repealing the law.

Or a binding court opinion holding that it is unconstitutional or otherwise invalid.

Cypriss32
05-27-2008, 5:52 PM
Or a binding court opinion holding that it is unconstitutional or otherwise invalid.

TIme is NOT on our side!

trinydex
05-27-2008, 6:31 PM
in the heller vs dc thread a while back, a prominent member was hopeful. :D

Stormfeather
05-27-2008, 6:52 PM
Will it go away? Thats like asking if herpes will go away! Sure it slides into the shadows from time to time, but its always there. . lurking. . . hiding. . waiting to strike out and infect someone else. . .

Quiet
05-27-2008, 7:20 PM
Will it go away? Thats like asking if herpes will go away! Sure it slides into the shadows from time to time, but its always there. . lurking. . . hiding. . waiting to strike out and infect someone else. . .
Good analogy.

If gun controls laws are STDs, then CA is the whore spreading them.
Someone needs to take CA to the free clinc. :p

ldivinag
05-27-2008, 9:04 PM
the day after I DIE...

sigh...

PIRATE14
05-27-2008, 9:09 PM
Will it go away? Thats like asking if herpes will go away! Sure it slides into the shadows from time to time, but its always there. . lurking. . . hiding. . waiting to strike out and infect someone else. . .

Short answer is NO......

If you think there won't be any more bans or attempts at new bans.......see above post.....

Hopi
05-27-2008, 9:36 PM
Heller

Shane916
05-27-2008, 9:40 PM
Yes it will expire as all great civilizations come to an end. :)

Our lifetime? I'd bet no.

norcal-ar
05-27-2008, 10:46 PM
my question is i will have a pretty high dollar rifle built on a OLL will i get grandfathered in if they ban the lower i have? or do i then have to turn around and sell itto someone out of state?

FluorideInMyWater
05-27-2008, 10:57 PM
:eek:my question is i will have a pretty high dollar rifle built on a OLL will i get grandfathered in if they ban the lower i have? or do i then have to turn around and sell itto someone out of state?

nah, just declare urself a soverign-nation and everthings cool!!! :eek:

ohsmily
05-28-2008, 9:37 AM
my question is i will have a pretty high dollar rifle built on a OLL will i get grandfathered in if they ban the lower i have? or do i then have to turn around and sell itto someone out of state?

Are you asking what will happen to your OLL when legislation that hasn't even been written or conceived of yet is passed at some undetermined date in the future? Dang, where did I put that crystal ball of mine....

WHO KNOWS. But usually, when they ban things, they don't confiscate the previously legally owned items in order to avoid various constitutional issues. But, as noted above, there is nothing on the horizon and it is pure speculation for anyone to answer your question...

Oh, and in the spirit of your question, when is the next major earthquake going to occur in CA?

rkt88edmo
05-28-2008, 9:38 AM
OLLs are Zovirax for BRD!

hoffmang
05-28-2008, 2:23 PM
Son of Heller or Son of Son of Heller may very well kill it or frankly just moot it into a paperwork exercise.

-Gene

Addax
05-28-2008, 5:10 PM
I am not a legal expert, and my info. is from conversations with both legal and non-legal folks.

Some folks I have spoken to earlier this month are optimistic that some positive changes could impact CA Firearms Laws Post Heller, but to kill the whole CA AW Ban Post Heller could possibly be a long and drawn out fight, if at all possible.

I have heard estimates of a minimum of 2-3 years (with the proper judicial and political support) just to set up hearings to review the Constitutional / Legality of the current CA AW Laws (Post Heller).

I believe that the more senior (legally involved) members have a better idea about all of this and what kind of of positive impact the Heller case could have for us (if any)...

elSquid
05-28-2008, 5:24 PM
I believe that the more senior (legally involved) members have a better idea about all of this and what kind of of positive impact the Heller case could have for us (if any)...

I want to be Mr Optimistic: Heller and incorporation results in equal access to NFA items, regardless of state of residence. The feds are forced to allow new manufacture and registration of FA items.

At that point, I won't worry about the AW laws. I'll be too busy writing $200 cheques to the ATF...

:)

-- Michael

Addax
05-28-2008, 5:38 PM
I also want to remain Optimistic, since I have a firearms mfg. that is really wanting to do business with us in CA as soon as the CA AW ban can be modified or killed off.

CAL DOJ is not a great bunch to deal with when you are a Firearms mfg.

Regarding FA, I would also enjoy writing $200 checks to the ATF.:D
I will need to read up more on the FA situation here in CA post Heller.



I want to be Mr Optimistic: Heller and incorporation results in equal access to NFA items, regardless of state of residence. The feds are forced to allow new manufacture and registration of FA items.

At that point, I won't worry about the AW laws. I'll be too busy writing $200 cheques to the ATF...

:)

-- Michael

ke6guj
05-28-2008, 5:51 PM
I would love to get a couple (lots :D) more tax stamps.

SI-guru
05-28-2008, 9:42 PM
I am always curious the last change in AW law to take away the AG's power to list. Is that because the gun banner is afraid one of these days a gun friendly AG may open up the AW registration again. Is it still true that a gun friendly AG can go to the court and update the "list" and open up a registration ?

tazmanian devil dog
05-28-2008, 10:01 PM
I was hoping that the D.C. Supreme Court ruling, which is due sometime this summer, might help our cause here in Kali. I know it's a long shot, but it's something. Oh, and yes, someone does need to take CA to the free clinic, maybe counseling as well!

bwiese
05-28-2008, 11:28 PM
I am always curious the last change in AW law to take away the AG's power to list. Is that because the gun banner is afraid one of these days a gun friendly AG may open up the AW registration again. Is it still true that a gun friendly AG can go to the court and update the "list" and open up a registration


... essentially the last change was made with the consent of the AG, then anti gun Bill Lockyer, as a move to get out of having to list the thousands of Off List Lowers that were flowing into the state from late 2005 through 2006. Listing all the new OLL's by name as AW's would have opened up a registration period.


Ted is correct. The list is frozen and there is no way to add additional items to either the Roberti-Roos list or Kasler 'series' list. The DOJ/AG can no longer identify/list any new "series" AW members, nor can they request certain Superior Courts to declare them as AWs (i.e, make new Roberti-Roos guns).

Lockyer appears to have deferred to the DOJ Firearms Division leadership, which likely agreed to the formulation of AB2728 because politically naive senior staff believed that Chuck Poochigian had a fair chance of winning, and that a series of listing events might occur.

At the time, Lockyer was worried about running for Treasurer and just wanted this bad noise to stop - noise that Alison had really driven (she coulda stopped it at around 500 lowers and just assigned a person to 'list' as fast a new models created; with some alacrity, the DOJ could move a bit faster than mfgrs could change their rollmarks.)

In early 2006, we did not know of CHP traffic stop info that Bill Lockyer liked to dress in "naughty nurses" uniform, otherwise other avenues would have been exploited. :)

All this just proves Alison Merrilees really shouldn't bet on horse races. She was doubly wrong, as she'd put
her emotion (fear of Poochigian) into AB2728 and her money (campaign contributions) supporting Phil Angelides.

AB2728 precluded any further games a la "Category 4", and Alison was hoping the regulatory change for fixed mag redefinition would go thru - which it didn't. (And which was effectively mooted by existence/adoption of MonsterMan grips and U15 stocks: we tied down DOJ fighting that one battle while exploiting the other avenues. We got 'em fixated on one aspect while more useful forms sailed right by.