View Single Post
  #25  
Old 08-27-2012, 11:21 AM
Librarian's Avatar
Librarian Librarian is offline
Administrator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Cottage Grove, OR
Posts: 44,424
iTrader: 4 / 100%
Default

Quote:
Originally Posted by Complex210 View Post
There was a recent "rewording" in the CA penal code that changed section 32390, which now reads:

Except as provided in Article 2 (commencing with Section
32400) of this chapter and in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any large-capacity magazine is a
nuisance and is subject to Section 18010
.

Does this mean confiscation, or charges as well?
Posted this earlier - http://www.calguns.net/calgunforum/s...87#post9175187 - but reposted here:

* reminder, non-lawyer here *

PC 18010
Quote:
18010. (a) The Attorney General, district attorney, or city
attorney may bring an action to enjoin the manufacture of,
importation of, keeping for sale of, offering or exposing for sale,
giving, lending, or possession of, any item that constitutes a
nuisance under any of the following provisions:
...
(20) Section 32390, relating to a large-capacity magazine.
That also appears to mean that J. Random Officer is not the agent of seizure - there would need to be an arrest and the case referred to attorney-level to 'bring an action to enjoin ... possession ...'.


I don't think the 'nuisance' language is going to be a problem, but probably it will take a court case to sort it out.

I suggest including large-capacity magazines in the nuisance/confiscation language is a drafting error in the law.

Everything else that is a 'nuisance' is a felony to possess - it's old PC 12029
Quote:
Except as provided in Section 12020, blackjacks, slungshots, billies, nunchakus, sandclubs, sandbags, shurikens, metal knuckles, short-barreled shotguns or short-barreled rifles as defined in Section 12020, and any other item which is listed in subdivision (a) of Section 12020 and is not listed in subdivision (a) of Section 12028 are nuisances, and the Attorney General, district attorney, or city attorney may bring an action to enjoin the manufacture of, importation of, keeping for sale of, offering or exposing for sale, giving, lending, or possession of, any of the foregoing items. These weapons shall be subject to confiscation and summary destruction whenever found within the state. These weapons shall be destroyed in the same manner as other weapons described in Section 12028, except that upon the certification of a judge or of the district attorney that the ends of justice will be subserved thereby, the weapon shall be preserved until the necessity for its use ceases.
12020 (a) used to have just (1), describing those nuisance items. The magazine ban law was added at 12020(a)(2).

That " any other item which is listed in subdivision (a) of Section 12020 " should have read
" any other item which is listed in subdivision (a)(1) of Section 12020 ",
but 12029 was forgotten in SB23. (Or deliberately omitted and we missed getting that fixed, if we could have had such a technical change inserted).
__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!
"The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."

- Marcus Aurelius
Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.”

Not a lawyer, just Some Guy On The Interwebs.




Last edited by Librarian; 06-29-2014 at 10:20 AM..