View Full Version : Author that figured out the Lower loophole in 1999

03-08-2006, 10:08 PM
This guy had the lower thing figured out back in 1999!

Just a few paragraphs from ASSAULT WEAPONS
by Clyde H. Spencer 1999

With little of the preliminary notoriety that accompanied the passage of the first law, SB 23 was recently quietly passed. Governor Davis, however, used the opportunity of the signing into law of SB 23 on July 19th, 1999, to let the public know he had kept his campaign promise of "getting assault weapons off the streets." The law has been promoted as closing the loopholes in the original law. The media has dutifully been reporting it as such. However, I suspect that none of the reporters have read the law, of if they did, did not understand it.

What the law has potentially accomplished is to add to the list of originally banned firearms, firearms that have been manufactured with different names and features -- commonly called copycat weapons. I say "potentially," because all one has to do is remove the feature(s) from the firearm that were used to broaden the definition. The law has also potentially added the rifles that were originally specifically excluded. Again, at the cost of reducing their value and perhaps affecting their utility as hunting or competitive target rifles, one can avoid having the firearm registered as an 'assault weapon' by removing the largely cosmetic features used to newly define an assault weapon. Therefore, what Senator Perata, Governor Davis, and their supporters in the legislature have really accomplished is a de facto banning of the cosmetic features such as a "conspicuously protruding" (undefined) pistolgrip, a flash suppressor (undefined), and a grenade or flare launcher (usually a separate device attached to the bayonet lug). It is clear that we don't elect our best and brightest to public office. Maybe this is what the electorate really wants. Really bright people with that much power would be dangerous. As Mark Twain observed, no one is safe while the legislature is in session. In any event, for those with only a casual or passing interest in the subject, it would appear that our 'leaders' have made the state safer for everyone, and guaranteed their re-election.

However, it seems unlikely that any gang member who owns a firearm with any of the features newly defining it as an assault weapon will be overly concerned about violating the registration when he may well use it to kill someone. There may even be some cachet in retaining the banned features. In any event, with or without the military-like cosmetic features, it is still a firearm with all the attendant dangers and potential for improper use.

What the legislature has accomplished though, is to create ill will among those, like myself, who will be inconvenienced by this miscarriage of the legislation process. They will keep the courts busy for years dealing with questions of prior restraint, taking of property, infringement of Second Amendment rights, whether a muzzle brake is a "flash suppressor," whether a folding bipod is a "second handgrip," and what "conspicuously protruding" means. (While May West might have provided some insight on that last topic, it would have no legal standing.) If there is an adjustable buttplate to accommodate shooters with different length arms, is it a telescoping stock? These are all questions that beg to be answered since the legislature did not address them.

03-09-2006, 2:15 AM
Oh snap, still 3 years untill Harrott made it a reality.

Major Miner II
03-09-2006, 9:09 AM
I thought it wasn't a loophole.


03-09-2006, 11:17 AM
It's not a loophole. It is a gap in the law.

03-09-2006, 12:57 PM
An allen wrench and nut are worth $1.05 but a picture is worth a thousand words :)


03-10-2006, 12:13 PM
Lots of smart people out there. I don't know when the off list FAL receivers started coming back into the state, but one of my friends bought 1 between 2000 and 2001. He had to print out the law and show it to our FFL before he would go near it, but he did it in the end. I don't know if he went fixed mag or no pistol grip... but I'm sure that it's back to a "real" rifle now since he's living in a "free" state.