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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 02-20-2013, 11:25 PM
Markinsac Markinsac is offline
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Default 2013 CA SB 396 - Hancock - Firearms: magazine capacity

Requires that magazines be of the size for the capacity (no 30 round units limited to 10). Also makes possession of any magazine with a capacity of more than 10 a misdemeanor - no prior exemptions for possession.

http://leginfo.legislature.ca.gov/fa...arch_keywords=

Quote:
SB 396, as introduced, Hancock. Firearms: magazine capacity.
(1) Existing law, except as specified, defines capacity to accept more than 10 rounds to mean capable of accommodating more than 10 rounds, but specifies that this term does not apply to a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.
This bill would add that, to fall under the definition, the magazine body must only be of sufficient length to accommodate no more than 10 rounds of ammunition and the internal working parts of the magazine, including, but not limited to, the follower and spring.
(2) Existing law, except as specified, makes it a misdemeanor or specified felony punishable by imprisonment in a county jail for any person in this state to manufacture or cause to be manufactured, import into the state, keep for sale, or offer or expose for sale, or give, or lend, any large-capacity magazine.
This bill would make any person in this state who possesses any large-capacity magazine, regardless of the date the magazine was acquired, punishable by imprisonment in a county jail not exceeding one year.
By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
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  #2  
Old 02-20-2013, 11:33 PM
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What's the point of just disregarding the 2nd Amendment when the 5th Amendment is another pesky one that needs to be disregarded as well?
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Old 02-20-2013, 11:40 PM
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This won't survive in court, on both 2nd and 5th Amendment grounds...
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Old 02-21-2013, 3:36 AM
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The way crap is going down in this state possession of your finger pointed as a gun will be a felony!!!
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Old 02-21-2013, 3:44 AM
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There needs to be a law making it illegal to write any more stupid *** anti 2A laws. More than just the 2A itself, there needs to be a dozen new laws every year against lawmakers until there are so many confusing laws that they don't even know what they're doing until they're in prison.
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Old 02-21-2013, 4:46 AM
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Originally Posted by kick Z tail out View Post
There needs to be a law making it illegal to write any more stupid *** anti 2A laws. More than just the 2A itself, there needs to be a dozen new laws every year against lawmakers until there are so many confusing laws that they don't even know what they're doing until they're in prison.
I agree, I think if a law gets struck down as unconstitutional the person(s) who wrote the law should be thrown in prison for some undetermined amount of time lets say 20 years and anyone who votes for that bill be thrown out of there political office and barred from running for political office at any time in the future along with a large monetary fine for violating the oath of office they took to protect the constitution. Sounds reasonable to me. The problem is there's no repercussion for writing bad laws in this state of uninformed voters who simply vote for people cause they have a (D) next to there name.
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Old 02-21-2013, 4:56 AM
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Quote:
Originally Posted by Markinsac View Post
Requires that magazines be of the size for the capacity (no 30 round units limited to 10). Also makes possession of any magazine with a capacity of more than 10 a misdemeanor - no prior exemptions for possession.

http://leginfo.legislature.ca.gov/fa...arch_keywords=
Haha, it would never stand a court challenge. Move on, nothing to see.
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  #8  
Old 02-21-2013, 5:10 AM
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Ok guys I'm buying magazines all the 11 round and higher units and paying up to a buck each, I'll give you the Nevada address upon payment.
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  #9  
Old 02-21-2013, 5:27 AM
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Originally Posted by tuolumnejim View Post
Ok guys I'm buying magazines all the 11 round and higher units and paying up to a buck each, I'll give you the Nevada address upon payment.
I'll just set up a rubbermaid container at the next police gun buy back, everyone dropping off their unwanted, junk guns, can recycle their old, dangerous, high capacity assault bullet clips. I'll offer a cookie for each mag you drop in. it's for the children!!!!
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Welcome to Kalifornistan, where the constitution and any and all freedoms mean jacksh*t!!!
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  #10  
Old 02-21-2013, 5:29 AM
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There are no real courts Anymore. There gonna do what they want.
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  #11  
Old 02-21-2013, 5:30 AM
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Originally Posted by seabee1 View Post
I'll just set up a rubbermaid container at the next police gun buy back, everyone dropping off their unwanted, junk guns, can recycle their old, dangerous, high capacity assault bullet clips. I'll offer a cookie for each mag you drop in. it's for the children!!!!
Classic
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  #12  
Old 02-21-2013, 6:42 AM
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I'm not even going to point out the problems with this.
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  #13  
Old 02-21-2013, 11:38 AM
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Impossible...

When you consider handgun magazines, that must be a specific physical size to insert and lock into a magazine well/grip body.

Example: a 10 round Beretta 92 mag that is no longer/taller than need be for 10 rounds cannot be used mechanically for the gun, and does not exist.

This is simply an impossible one for them I'm afraid - and hope.

A.W.D.

Quote:
Originally Posted by Markinsac View Post
Requires that magazines be of the size for the capacity (no 30 round units limited to 10). Also makes possession of any magazine with a capacity of more than 10 a misdemeanor - no prior exemptions for possession.

http://leginfo.legislature.ca.gov/fa...arch_keywords=
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Old 02-21-2013, 11:44 AM
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Same as Bontas law banning grandfathering... SB-47 and SB-347 permit registration because even steinberg knows it won't hold up. Skinners already addresses these mags and grandfathers because he knows it won't hold up. You can't make ex post facto laws and NY is gonna learn that soon with their ban on hi cap possession.
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  #15  
Old 02-21-2013, 12:00 PM
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So how freaked out will these folks get when I slap a 10 round single stack mag in my 1911 (not pictured)? That's gonna stick out of hte bottom a good ways, and look really dangerous....

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Old 02-21-2013, 12:09 PM
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Magazines were NOT cheap during the 1990s fed ban. I did not break the law when I bought them but now I'm being made a felon for magazines I purchased 20 years ago when it was lawful to do so???? WTF????
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  #17  
Old 02-21-2013, 12:27 PM
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Stupid bill written by an idiot.
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  #18  
Old 02-21-2013, 12:43 PM
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Quote:
Originally Posted by zoid52 View Post
The way crap is going down in this state possession of your finger pointed as a gun will be a felony!!!
It already is...

Fredericksburg man arrested for allegedly pointing his finger at two detectives

It's called assault.
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Old 02-21-2013, 12:54 PM
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People who come up with crap like this bill need a spanking.
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Old 02-21-2013, 2:29 PM
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Quote:
Originally Posted by Wiz-of-Awd View Post
Impossible...

When you consider handgun magazines, that must be a specific physical size to insert and lock into a magazine well/grip body.

Example: a 10 round Beretta 92 mag that is no longer/taller than need be for 10 rounds cannot be used mechanically for the gun, and does not exist.

This is simply an impossible one for them I'm afraid - and hope.

A.W.D.
Its the SAFE act logic: since most companies will not invest in tooling to make NY compliant 7 round mags, bam. Instant de-facto gun ban.If a gun company can't make compliant mags, they won't sell their product in CA.That outcome is exactly what the antis want.
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  #21  
Old 02-21-2013, 2:33 PM
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edit: no help for rewrite

Last edited by Hoooper; 02-22-2013 at 2:00 PM..
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  #22  
Old 02-21-2013, 3:24 PM
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I could see this stuff passing, the D's in the legislature will pass anything anti-gun. We need to hope for some R's to get in via special elections (and that those R's vote against it to spite the D's).
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Old 02-22-2013, 12:05 PM
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Originally Posted by OlderThanDirt View Post
Damn those assault fingers! We need to do something about those. Perhaps a ban on the assault finger, it is for he children after all.
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Old 02-22-2013, 1:50 PM
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The problem is, that if the bill were to become law, you could only have a magazine that is sized for 10 rounds - 10/30's would be illegal.

Also if AB 740 were to pass, a violation of this (a misdemeanor) would result in a 10-year prohibition on possession of any firearm or ammunition.

Quote:
Originally Posted by Hoooper View Post
my 30 rd body is of the proper sufficient length to accomodate the spring, follower, and mag block, therefore it is legal under the definition of this law eh?

what is the "punishment" for manufacture of a high cap mag currently?
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Old 02-22-2013, 1:57 PM
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Another moron looking to carve another notch for their resume. The bill itself doesn't even matter. It's all about what some idiot up there can conjure up and jam through the executive system and add to their background.

Firearms are just an easy target here. Too bad they can't actually fix something important like...oh...the budget.
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Last edited by Swagman00; 02-22-2013 at 2:00 PM..
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Old 02-22-2013, 1:59 PM
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Originally Posted by Markinsac View Post
The problem is, that if the bill were to become law, you could only have a magazine that is sized for 10 rounds - 10/30's would be illegal.

Also if AB 740 were to pass, a violation of this (a misdemeanor) would result in a 10-year prohibition on possession of any firearm or ammunition.
im not going to comment further on how to rewrite the bill, but the way it is written provides for an unconstitutionally large number of interpretations
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Old 02-22-2013, 7:48 PM
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Well, I'm so glad that this will not ban 10 round .50 Beowulf magazines!

http://www.midwayusa.com/product/780...aluminum-matte

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Old 02-22-2013, 7:55 PM
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Originally Posted by hoffmang View Post
Well, I'm so glad that this will not ban 10 round .50 Beowulf magazines!

http://www.midwayusa.com/product/780...aluminum-matte

-Gene
Gene, what ever happened to this "Gene's package" business idea? It looks like a lot of CGF ideas are either abandoned or never heard of again...
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Old 02-22-2013, 8:18 PM
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Gene, what ever happened to this "Gene's package" business idea? It looks like a lot of CGF ideas are either abandoned or never heard of again...
Kind of curious myself.
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Old 02-22-2013, 8:34 PM
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Originally Posted by zoid52 View Post
The way crap is going down in this state possession of your finger pointed as a gun will be a felony!!!
it will already get you suspended at a school.

I am so fed up with these new SB and AB drafted up by pieces of shat!!!!!!
Stand by your effing oath to uphold and protect the constitution you garbage politicians.
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Old 02-22-2013, 9:17 PM
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it will already get you suspended at a school.

I am so fed up with these new SB and AB drafted up by pieces of shat!!!!!!
Stand by your effing oath to uphold and protect the constitution you liberal politicians.
I fixed it for you. Libatards are running this country into the ground.
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Old 02-22-2013, 10:07 PM
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Hypocrites are running this country into the ground.
Fixed it for you. There are plenty of politicians of every stripe looking no further than the next press conference or campaign stop.
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Old 02-22-2013, 10:19 PM
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Originally Posted by zoid52 View Post
The way crap is going down in this state possession of your finger pointed as a gun will be a felony!!!
It has gotten kids suspended from school so that is probably not far off.
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Old 02-22-2013, 10:25 PM
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Quote:
Originally Posted by LoadedM333 View Post
Stupid bill written by an idiot.
Well,
what do you expect?

1. She belong to the dem party; so it is obvious for me - she will talk about anything (but just spend more and more money)
2. She is from Berkeley - means she will tell us more about assault clips to the assault revolvers. And maybe have limitation on all handguns as 4 or even 3 rounds
3. She is exact the right person for the people who leave in most ultra liberal town in USA
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Old 02-22-2013, 11:27 PM
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Fixed it for you. There are plenty of Democrats for the next press conference or campaign stop.
Fixed it for you. The Democrats specifically though some still have a spine. I don't see many reps pulling this crap. Watch the hearing going on in Washington. Geez people are sheep who vote for these clowns.
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  #36  
Old 02-23-2013, 12:18 AM
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Thank God someone is addressing this serious issue. 10/30 mags are much more deadly than 10/10 mags - anyone can see that - just look at the pictures.
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Old 02-23-2013, 2:34 PM
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Quote:
Originally Posted by Anonymous Coward View Post
Gene, what ever happened to this "Gene's package" business idea? It looks like a lot of CGF ideas are either abandoned or never heard of again...
This one we have intentionally postponed. There are two cases on the current SCOTUS docket that we needed outcomes of, but Obama's new zeal around executive orders make the strategy fragile. If you remind me, I'll explain after we file an initial magazine case.

-Gene
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  #38  
Old 04-04-2013, 8:02 AM
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Amended yesterday. Would now requires disposal of any magazine larger than 10 rounds possessed prior to July 14, 2014 including those that have been permanently modified.
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Old 04-04-2013, 8:21 AM
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How do we prove a magazine was owned prior to July 2014 lol
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Old 04-04-2013, 8:26 AM
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Quote:
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How do we prove a magazine was owned prior to July 2014 lol
Nothing has to be proved. If it's in your possession you will be guilty.

32310. (a) 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, commencing January 1, 2000, any person in this state who 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 or, commencing July 1, 2014, possess any large-capacity magazine, regardless of the date the magazine was acquired, is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
(b) Any person who, prior to July 1, 2014, legally possesses a large-capacity magazine shall dispose of that magazine by any of the following means:
(1) Remove the large-capacity magazine from the state.
(2) Prior to July 1, 2014, sell the large-capacity magazine to a licensed firearms dealer.
(3) Destroy the large-capacity magazine.
(4) Surrender the large-capacity magazine to a law enforcement agency for destruction.
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