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Old 04-30-2009, 9:44 AM
FABIO GETS GOOSED!!!'s Avatar
FABIO GETS GOOSED!!! FABIO GETS GOOSED!!! is offline
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Quote:
Originally Posted by mnegrete View Post
Can somebody clarify who has the authority to legally interpret "detachable magazine"?
If you mean in a way that creates binding law, the courts do. Or DOJ through APA compliant rulemaking. Or the legislature through legislation.

Quote:
From everything I can tell following these threads, DOJ is not taking a stance and the only way to figure out if it's legal or not is to go to the range, drop a magazine w/a tool & bullet button, get arrested, and then see if the local DA will prosecute or not.
Bullet Buttons are in widespread use and nobody is prosecuting because the law (i.e, section 5469(a)) can only be interpreted one way, i.e., rifles with bullet buttons do not have the capacity to accept detachable magazines.

Now, this argument (that section 5469(a) can be interpreted only one way) has been used to get a summary disposition letter from OAL affirming that the assault weapon law is open to interpretation, which, although it doesn't seem helpful at first glance, it's actually really helpful. Get it?

Last edited by FABIO GETS GOOSED!!!; 04-30-2009 at 9:47 AM..
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