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View Full Version : Different AW rules for San Diego?


munkeeboi
01-28-2011, 12:53 PM
Found this in the ATF's Shotgun Study letter regarding a code in San Diego labeling shotguns "AW" if they have a capacity over 6 rounds.

looked up SD municipal code 53.31....very interesting

http://docs.sandiego.gov/municode/MuniCodeChapter05/Ch05Art03Division00.pdf

§53.31 Assault Weapons, Nuisance, Temporary Custody
(a) The term “assault weapon,” as used in this Section, shall include:
(1) Any semiautomatic action, center fire rifle or carbine which accepts a
detachable magazine with a capacity of twenty (20) rounds or more,
with a barrel of more than sixteen (16) inches, including but not
limited to the following firearms or their copies: AR 15 semiautomatic
assault rifles, Uzi semiautomatic assault rifles or carbines, Ingram
Mac–10 semiautomatic assault carbines, Ingram Mac–11
semiautomatic assault carbines, Heckler and Koch 93 semiautomatic
assault rifles, Heckler and Koch 91 semiautomatic assault rifles, AK–
47 semiautomatic assault rifles, AKM–47 semiautomatic assault rifles,
all Avtomat Kalashnikov weapons, M1–A semiautomatic assault
rifles, M–14 semiautomatic assault rifles, Thompson semiautomatic
carbines and any other semiautomatic carbines manufactured by Auto
Ordnance;
(2) Any shotgun with a barrel of more than eighteen (18) inches and a
folding stock or magazine capacity of more than six (6) rounds;
(3) Any weapon which may be readily restored to an operable assault
weapon, as defined in paragraphs 1 and 2 above; and
(4) Any part, or combination of parts, designed or intended to convert a
weapon into an assault weapon, as defined above in paragraphs 1 and
2, or any combination of parts from which an assault weapon may be
readily assembled, if those parts are in the possession or under the
control of the same person.
(b) As used in this Section, the term “semiautomatic” means a weapon which
fires a single projectile for each single pull of the trigger and which employs a
magazine.

any legal eagles know the answer to this? A-1 may even have implications for those who choose to go featureless. A-3 and A-4 have implications for regular mag lock users. What is the definition of readily restored? the act of removing a mag lock?

Don't live there, but I'm interested to know what this is all about

Untamed1972
01-28-2011, 1:01 PM
I thought firearms laws were covered by state preemption, so those muni code, though on the books are prolly unenforceable.

Overbear
01-28-2011, 1:01 PM
Seems to me that one legal chalange would null that right out, state law overrides it does it not?

bwiese
01-28-2011, 1:03 PM
I believe this is "on the books but acknowledged as not in force".

munkeeboi
01-28-2011, 1:12 PM
Thanks guys...just found it odd to be on the books.

QQQ
01-28-2011, 1:44 PM
I had looked this up a while back.

If you read the relevant code, though, I'm fairly certain that it does not prohibit possession- it only allows the police to temporarily confiscate the firearm and then return it.

Update:

found the code:

A sheriff, undersheriff, deputy sheriff, marshal, deputy marshal, or police
officer, as defined in subdivision (a) of Section 830.1, a member of the
University of California Police Department, as defined in subdivision (d) of
Section 830.2, and a member of a California State University Police
Department, as defined in subdivision (e) of Section 830.2, during the
performance of his or her duties within the City of San Diego may take
temporary custody of any assault weapon in plain sight or discovered pursuant
to a consensual search as necessary for the protection of the peace officer or
other persons of the City of San Diego.


It then goes on to describe the process by which the firearm is to be returned to its owner.

bwiese
01-28-2011, 2:01 PM
Doesn't matter - the whole thing is preempted.

The CA Legal Action Project (NRA with CRPA Foundation) has taken down a variety of ordinances or gotten acknwowledgements that even if still on the books they are not in force.