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Old 02-28-2009, 5:57 PM
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MP301 MP301 is offline
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Very interesting.

I have a question, is the following an example of "underground regulation" as well?

In December 1999, DOJ BOF sent the following information bulletin to Ca firearms dealers. Is said, in part, the following.....

Commencing January 1, 2000, prohibits the manufacture, importation, sale, or transfer of
any large capacity magazine unless to specifically designated parties and under specified
conditions. A violation of this provision is a misdemeanor or a felony.
(emphasis mine)

http://ag.ca.gov/firearms/infobuls/9904.pdf

But the actual applicable statute says the following......

CALIFORNIA CODES
PENAL CODE
SECTION 12020-12040

12020. (a) Any person in this state who does any of the following
is punishable by imprisonment in a county jail not exceeding one year
or in the state prison:

(2) Commencing January 1, 2000, manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, or lends, any large-capacity
magazine.

http://www.leginfo.ca.gov/calaw.html (great site - click on the type of code you want -Penal in this case - and the section you want -12020 in this case)

Looks the same except that the word transfer is missing from the actual statute. I find that interesting since the word transfer is the ONLY part that would include the purchaser/possessor as a party to any violation.

But just like my FFL buddy tells me, he gets these information bulletins from BOF and has always taken them as gospel...sorta explains why we sometimes get FUD from dealers...

Anyway, can Gene or someone tell me if this is an example of "Underground Regulation" or just plain mis-information or what?

BTW - great work Gene and those involved. CGF is one of the few hopes wee have left....Dont want to have to move just yet!
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