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View Full Version : AG Opinion #10-504: Unlicense firearm applications completed by both parties a crime


Window_Seat
10-30-2013, 11:45 AM
"The offense of completing an unlicensed firearm transaction is committed by both the person transferring the firearm and the person receiving it, and both persons may be prosecuted and punished under the applicable penal statutes for committing the offense." (CONCLUSION).

https://oag.ca.gov/system/files/opinions/pdfs/10-504.pdf

Erik.

North86
10-30-2013, 12:45 PM
Is there a punchline to this? Am I missing something here?

M. D. Van Norman
10-30-2013, 1:35 PM
Arguably, the statute criminalizes only the provider of the firearm in an “illegal” transfer. However, in the opinion of AG Harris, the recipient is also guilty of a crime. This contradicts my assertion that it was generally legal for non-prohibited persons to acquire or possess firearms … even prior to Heller and McDonald.

By AG Harris’s reasoning, once again, Californians do not have a right to arms.

Librarian
10-30-2013, 2:04 PM
That's what I thought PC 27545 said.

I am slightly surprised this took something 'official'.

Mssr. Eleganté
10-30-2013, 2:10 PM
She is asserting that when the penal code says "the parties to the transaction" it means both parties and not just one party. She is basing this on the idea that "parties" is the plural of "party". Why the local DA chose to ask the AG this instead of his grade school English teacher we will never know.

BumBum
10-30-2013, 2:12 PM
That's what I thought PC 27545 said.

I am slightly surprised this took something 'official'.

My thoughts exactly.

Window_Seat
11-05-2013, 12:35 AM
Is there a punchline to this? Am I missing something here?

No, just bringing the opinion to this forum for all (or whoever is lucky to be here) to see.

Erik.