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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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#361
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#363
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applying a dremel to my firearm counts, right?
i thought we were all technically gunsmiths all along... i break my stuff all the time... does gunsmithing require that you are able to fix it? |
#365
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If your gun cannot be fixed with a hammer or duct tape you have an electrical problem. |
#370
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SB-396 referred to magazine capacity and AB-48 referred to Magazine repair kits. Both bills would have needed to pass to become law if signed.
See below: "SEC. 3. Section 1.5 of this bill incorporates amendments to Section 32310 of the Penal Code proposed by both this bill and Senate Bill 396. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2014, (2) each bill amends Section 32310 of the Penal Code, and (3) this bill is enacted after Senate Bill 396, in which case Section 1 of this bill shall not become operative." Since AB396 is dead, AB48 section 1.5 dies too. Only section 1 will become law is signed. See http://www.calguns.net/calgunforum/s...d.php?t=822300 for more detailed info. |
#371
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Got this from the other thread. Looks like Section 2 is alive as well.
Section 2 is and remains independent of anything pertaining to SB-396, so the ban on conversion kits still stands. It adds a new Penal Code section 32311: Quote: 32311. (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, 2014, any person in this state who knowingly manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large capacity magazine conversion kit is punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment in a county jail not to exceed six months, or by both that fine and imprisonment. This section does not apply to a fully assembled large-capacity magazine, which is governed by Section 32310. (b) For purposes of this section, a “large capacity magazine conversion kit” is a device or combination of parts of a fully functioning large-capacity magazine, including, but not limited to, the body, spring, follower, and floor plate or end plate, capable of converting an ammunition feeding device into a large-capacity magazine. |
#373
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I'm no legal expert, but I imagine the most that would/could happen is future "repair kits" banned... otherwise, it's hard to fathom how they could require existing to be forfeited without compensation...
regarding compensation... how can they determine fair market value? Mags have fluctuated from $15 to $80 to $10 in just a few months... sure, they can use "current" market value, but what about those that paid more?... and since the value has fluctuated so vast and rapid, how do they guarantee everyone gets same fair value (there's no way to process all within a month, or even six)... further, where are they going to get funds to reimburse tens or hundreds of thousands of mags? I know this has all been brought up before... but there was no telling how things would shake out... now that we are closer - it becomes more relevant (imho) |
#375
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#376
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Do you have an FFL? You need one, to be considered a "gunsmith" under the law.
PC 16630. As used in this part, “gunsmith” means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, who is engaged primarily in the business of repairing firearms, or making or fitting special barrels, stocks, or trigger mechanisms to firearms, or the agent or employee of that person. |
#377
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only problem I am having is most dealers are selling out so quickly after they get them in that they are difficult to find. couple dealers even denied having them at all, I think because they had already sold many on pre-order hopefully the idiots in Sacramento wont ban them too, at least not until I can get a few hundred more...just in case.
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They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. -Benjamin Franklin |
#378
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#379
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umm, I think the line-item veto power only applies to appropriations bills (cutting items out of the budget) and not to penal code bills. being able to cut out specific lines in a PC bill could completely wreck a bill.
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Jack Do you want an AOW or C&R SBS/SBR in CA? No posts of mine are to be construed as legal advice, which can only be given by a lawyer. |
#382
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AB48 is not dead, it is currently on the governor's desk.
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Jack Do you want an AOW or C&R SBS/SBR in CA? No posts of mine are to be construed as legal advice, which can only be given by a lawyer. |
#384
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It bans my 10 round mag follower and floor plate as these could be used by themselves as a high capacity part as they are both the same.
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#388
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Dear brother and sisters,
It is time we start focusing on the options that are comming our way. Re-elections determine the career span of some of this idiots who want to build a career on our hobbies and rights. It is always our responsibility to elect those who have our best interest in hand. Not just some fictional idea of what good citizen can and can not do. its time for we the people to stand and vote out people like diane and barbra and their friends who want to tell us the taxe payer what we can and can not do. All this vetoing the bill conversation should really be lets veto the people who have sold us out and turned way from their promises of taking care of our best interest. We the people have a voice and a power that they can not take away. I say lets lock and load on that power come election time!!! Its time for them to go!! Just thinking out loud!!! |
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