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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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#81
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Peterson v Lacabe is interesting to me. Presumably a successful outcome would also lead to non-residents being able to apply for CA permits, right? This is a more pressing issue IMHO because CA residents can apply for permits in many states, but non-residents cannot apply for permits in CA, nor will CA honor their home state permit.
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#84
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I have a question, sorry if this is the wrong spot!
If I get pulled over on the way to/back from the range do I have to inform the officer that I have firearms in my car (unloaded in a locked case). Do I have to open the cases ie. unlock them for inspection if they ask? I've always thought that anything in a locked container or trunk requires a warrant. Thanks |
#85
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My friends and family disavow all knowledge of my existence, let alone my opinions. |
#87
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Transporting info here: http://wiki.calgunsfoundation.org/in...p/Transporting Required to tell a LEO you have a firearm? No (even if they specifically ask - you are not legally obligated to answer the question). If the LEO can articulate that you have a gun (i.e. see the gun case - but even this has gray areas), then he is allowed to inspect it to verify safe transport. You can find more threads on this by using this search link: http://www.calguns.net/calgunforum/s...rchid=15047537
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My friends and family disavow all knowledge of my existence, let alone my opinions. |
#89
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I haven't lived in CA for a long time, so I don't know what the state laws regarding out of state rifle/shotgun purchases are. But there are no federal laws against it. Some clarity would be nice, especially since I'm curious about how AB 809 would affect the bordering states. |
#90
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "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."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. |
#91
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Has anyone considered challenging the thumbhole stock on the grounds that it is a reasonable accommodation or as discriminatory for certain individuals with certain physical impairments?
I know that the American's With Disabilities Act define "Federal civil rights laws that ensure equal opportunity for people with disabilities". I am a disabled person with, among other skeletal abnormalities, limited mobility in my thumb and fingers. I feel I am only able to safely and effectively operate rifles with a thumbhole stock or pistol grip, due to the unique shape of my hands. I might be a sympathetic plaintiff and this could open the door for others who suffer from more common, and protected, disabilities such as arthritis. |
#92
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When am I going to see Dragunov OLLs for sale?? |
#93
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#94
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I'm additionally in this boat due to a motorcycle accident in which I destroyed my elbow. The rebuild has left me with less than full rotation of my right wrist. I can field pistol grip and thumbhole stocks fine, but standard stocks leave me with a less than secure grip, making it potentially unsafe.
Do we have a class yet?
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#95
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Disabilities and Discrimination
I'm no lawyer, I'm hoping one will comment here, but here is some pertinent supporting facts.
Title II of the Americans with Disabilities Act "requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings)." Furthermore, Title II states, "Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided. " In addition Section 504 of the Rehabilitation Act states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service. The California Department of Justice and Department of Fish and Game are Executive agencies. Many designated target ranges and hunting grounds are also state run and Federally funded. The State of California receives Federal assistance for hunters through the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669-669i; 50 Stat. 917) of September 2, 1937... commonly called the "Pittman-Robertson Act.", which provides Federal aid to States for management and restoration of wildlife. "Funds from an 11 percent excise tax on sporting arms and ammunition [Internal Revenue Code of 1954, sec. 4161(b)] are appropriated to the Secretary of the Interior and apportioned to States on a formula basis for paying up to 75 percent of the cost approved projects. Project activities include acquisition and improvement of wildlife habitat, introduction of wildlife into suitable habitat, research into wildlife problems, surveys and inventories of wildlife problems, acquisition and development of access facilities for public use, and hunter education programs, including construction and operation of public target ranges." |
#96
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Joe,
I'll be in touch as I know you emailed. An ADA challenge has certainly been considered but it's more of a backup strategy. It's most important for the health of the Republic that the constitution protect modern semi automatic rifles outright - and not have them only protected as against an act of congress. However, I may have something else for you so I'll be in touch. -Gene
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Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights on Twitter. Opinions posted in this account are my own and not the approved position of any organization. I read PMs. But, if you need a response, include an email address or email me directly! "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
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#99
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I would hope that you would be able to use a pistol grip on your semi auto rifle, but I think that the DOJ would tell you that a bullet button would be required. The modification is cheap and easy.
There are many people with bad backs that (with doctors' permission), do not have to wear seat belts in a vehicle. A different restraint system would be prohibitively expensive for them.
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I love California, but I am afraid of its government. Those who choose safety over freedom are neither safe or free! "The more corrupt the state, the more numerous the laws." (Tacitus, Roman historian 55-117 A.D.) “It is not the function of the government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error.” —- U.S. Supreme Court Justice Robert H. Jackson |
#100
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After reading the various Supreme Court decisions regarding the 2nd amendment, it seems that a challenge to the .50BMG ban could be brought on the following basis:
First, that a .50BMG rifle is a weapon consistent with being part of a militia, of which all able bodied males (at least) are a part of. It is a weapon in common use at this time in the waging of war. Second, SCOTUS in US v Miller makes reference to Aymette v State, implying that the criteria in Aymette v State is still considered valid. The court in Aymette v state made the distinction between keeping and bearing, affirming that while the state may regulate the manner in which a weapon may be born, it cannot limit the keeping of weapons consistent with service in a militia. From reading Aymette, it seems clear that a legislature has a right to regulate the carrying of a weapon, but not the ownership. In other words, the legislature could require that the .50BMG rifle be transported disassembled between the home and the range, for example, but it cannot ban the ownership of such weapon. It would seem to me that by challenging the restriction on the ownership of a .50BMG riffle, it could be clearly established that the ownership of weapons consistent with the needs of a militia is an individual right, the same way that hiller declared that the ownership of self defense weapons is an individual right. Since, as far as I know, the .50BMG rifle has never been used in a crime, it would be hard for the CA DOJ to explain why a simple restriction on how to transport such a weapon would not satisfy the stated purpose of protecting the population. The facts do not give the legislature a compelling reason for the outright ban of such weapons. Having the supreme court declare that the right to own militia weapons is an individual right, would be a step in the right direction. Dan |
#101
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"Pre-Ban AW Legality w/ Mods
OK, so what's the deal-e-o? Out of state sellers offering "pre-ban" AR's, etc. with appropriate mods (bullet button, 10 round mags) as CA legal. Is this true???? What makes a CA-banned A/W, legal in CA?
Thanks~! |
#102
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--- magazine-lock equipped OR --- no 'features' such as pistol grip or folding stock See the flowchart - http://www.calguns.net/caawid/flowchart.pdf - and linked in the top blue bar on every page displayed.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "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."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. |
#103
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Magazine Lock
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#104
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'bullet button' is a brand name, and the rights are held by a calgunner! It has become a bit like 'kleenex' or 'xerox', but I try to use the generic 'magazine lock'.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "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."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. |
#105
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Effective January 1, 2013: Ban On Carrying Long Guns In Public
http://us2.campaign-archive2.com/?u=...1&e=6b2ca4ceaf http://www.calgunlaws.com/wp-content...-In-Public.pdf |
#106
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Leland Yee amended his stub bill SB 47. You can get the text here:
http://leginfo.legislature.ca.gov/fa...arch_keywords= Practically everything semi-automatic would be an assault weapon but you can keep anything you had legally or legally bought up until December 31, 2013 IF you register it by July 1, 2014. Mick |
#107
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Reading this stuff gives me a head ache, whens it going to stop. sdpd chief needs a ban nation wide on everything because we can go to Arizona and get it, whats going to stop the bad guys from going to Mexico and getting what our goverment exports down there?
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#108
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I AM a lawyer and it gives me a headache! The one nice thing is that I have access to all the recent case law and commentary so while this is NOT my area of law, I'm picking it up. (I do construction law / litigation)
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#111
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Slowly.
We're unlikely to get much from the California courts. A few things are possible, but they require really awful laws that scream for redress. Rather, we need success in Federal courts, to clarify what the Second Amendment requires and prohibits. US Supreme Court decisions are the figurative 'clubs' to beat down legislative error. That is In Progress. One must resign oneself to the reality that courts do not run on Internet Time.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "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."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. |
#112
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Thank you for this thread and all your hard woerk.
I have to say that until I read this thread today I was seriously contemplating the need to start sending my resume to out of state employers with a plan to move to Free America as soon as possible. I'm not willing to register my guns, or turn them in, or become a felon for simply possessing what I have legally possessed for 20+ years and never used in an unlawful manner. I am getting so tired of our ridiculous and clueless legislature.
This thread has calmed me down a little, but I am going to be watching this legislative session closely. Thanks to all the Cal Gunners who fight so hard for our rights. FredlyFX http://fredlyfx.com |
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