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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  
Old 09-12-2013, 4:13 PM
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Quote:
Originally Posted by scootle View Post
Not really... AB 48 goes after >10 round "parts kits" -- the first part of the text... only a latter part of the bill will be inert due to the failure to pass SB 396.



There is likely still legal challenges ahead for this one, since it is still akin to illegal taking if they require us to surrender all the contraband... although I am somewhat confused what AB 48 stipulates that we do with existing "large capacity" magazine parts kits... they basically say that if we even possess a full-length spring, we are in violation of the law. Lolwut?

Regardless, Gov. Moonbeam will need calls and letters on AB 48 for sure since his veto is the last line before the courts.
So if AB 48 is signed into law, how do we repair our pre-ban mags?
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  #362  
Old 09-12-2013, 4:22 PM
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Quote:
Originally Posted by IPSICK View Post
So if AB 48 is signed into law, how do we repair our pre-ban mags?
This is a question... but obviously the authors' answer is "you don't" -- they consider the allowance for parts kits to maintain grandfathered magazines to be a loophole... and all so-called "loopholes" are evil and must die, even if they are legitimate to avoid legal problems with badly written laws (that we don't need).
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  #363  
Old 09-12-2013, 4:33 PM
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Quote:
Originally Posted by IPSICK View Post
So if AB 48 is signed into law, how do we repair our pre-ban mags?
Quote:
Originally Posted by scootle View Post
This is a question... but obviously the authors' answer is "you don't" -- they consider the allowance for parts kits to maintain grandfathered magazines to be a loophole... and all so-called "loopholes" are evil and must die, even if they are legitimate to avoid legal problems with badly written laws (that we don't need).

you are supposed to take them to a gunsmith to have him repair them for you,

32425. Section 32310 does not apply to either of the following:
(a) The lending or giving of any large-capacity magazine to a
person licensed pursuant to Sections 26700 to 26915, inclusive, or to
a gunsmith, for the purposes of maintenance, repair, or modification
of that large-capacity magazine.
(b) The return to its owner of any large-capacity magazine by a
person specified in subdivision (a).
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  #364  
Old 09-12-2013, 4:44 PM
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Quote:
Originally Posted by ke6guj View Post
you are supposed to take them to a gunsmith to have him repair them for you,

32425. Section 32310 does not apply to either of the following:
(a) The lending or giving of any large-capacity magazine to a
person licensed pursuant to Sections 26700 to 26915, inclusive, or to
a gunsmith, for the purposes of maintenance, repair, or modification
of that large-capacity magazine.
(b) The return to its owner of any large-capacity magazine by a
person specified in subdivision (a).
Guess I am a gunsmith now.
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  #365  
Old 09-12-2013, 4:47 PM
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Quote:
Originally Posted by shooting4life View Post
Guess I am a gunsmith now.
me too
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  #366  
Old 09-12-2013, 4:57 PM
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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?
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  #367  
Old 09-12-2013, 4:59 PM
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Quote:
Originally Posted by IPSICK View Post
So if AB 48 is signed into law, how do we repair our pre-ban mags?
396 and 48 are dead for now
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  #368  
Old 09-12-2013, 5:06 PM
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Quote:
Originally Posted by scootle View Post
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?
I can fix mags no problem.

If your gun cannot be fixed with a hammer or duct tape you have an electrical problem.
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  #369  
Old 09-12-2013, 5:10 PM
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Quote:
Originally Posted by Losd619 View Post
396 and 48 are dead for now
SB 396 is dead (for now), yes, but AB48 is on the way to the governor... check the facts.
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  #370  
Old 09-12-2013, 5:13 PM
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wait.. im confused on 48.. does that still affect my 10/20 and 10/30 mags?
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  #371  
Old 09-12-2013, 5:15 PM
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Can someone please clarify what the maximum fallout can be from AB 48 now that SB 396 has been suspended? I know they relied on one another, but, if AB 48 is not vetoed, what are we still looking at?

Thanks
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  #372  
Old 09-12-2013, 5:33 PM
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AB48 comes into effect in 2014 right?
So does it mean its still legal right now to buy rebuild kits before it becomes law?
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  #373  
Old 09-12-2013, 5:36 PM
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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.
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  #374  
Old 09-12-2013, 5:50 PM
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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.
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  #375  
Old 09-12-2013, 5:52 PM
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Lets hope our 10/20's and 10/30's are safe
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  #376  
Old 09-12-2013, 6:03 PM
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Quote:
Originally Posted by Losd619 View Post
Lets hope our 10/20's and 10/30's are safe
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)
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  #377  
Old 09-12-2013, 6:10 PM
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Here is the most recent amended version of AB 48.
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Last edited by uechikid; 10-22-2014 at 11:35 AM..
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  #378  
Old 09-12-2013, 6:23 PM
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Quote:
Originally Posted by scootle View Post
There is likely still legal challenges ahead for this one, since it is still akin to illegal taking if they require us to surrender all the contraband... although I am somewhat confused what AB 48 stipulates that we do with existing "large capacity" magazine parts kits... they basically say that if we even possess a full-length spring or a magazine body that looks like it can hold more than 10 rounds, we are in violation of the law. Lolwut?
My take is that existing "parts" in possession are not affected. Certainly though, this bill means that you cannot receive, import, etc. any parts after the end of this year.
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  #379  
Old 09-12-2013, 6:26 PM
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Quote:
Originally Posted by shooting4life View Post
Guess I am a gunsmith now.
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.
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  #380  
Old 09-12-2013, 6:35 PM
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Quote:
Originally Posted by monk View Post
Good thing they didn't think to add the 50 round magazines that are made from shark fin. This would've been disastrous as they're selling like hot cakes right now.
no kidding! It was the first thing I thought of. coooooooool we can stil get the 50 round shark fin mags!

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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  #381  
Old 09-12-2013, 8:16 PM
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Quote:
Originally Posted by PackingHeatInSDCA View Post
no kidding! It was the first thing I thought of. coooooooool we can stil get the 50 round shark fin mags!

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.
I got 10 for each of my guns.
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  #382  
Old 09-15-2013, 11:40 AM
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Quote:
Originally Posted by Bestguns View Post
AB48 is very much alive until the Governor vetoes it. And, if he finds there are structural problems with it (but is inclined to sign it ) he has line item veto power to fix them.
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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  #383  
Old 09-15-2013, 5:20 PM
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So is it going to still be legal to use our blocked 10/30 mags since these bills are dead?
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  #384  
Old 09-15-2013, 5:24 PM
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is possession of previously owned parts kit's going to be allowed?
is possession of 10/30 blocked mnags going to be alowed?
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  #385  
Old 09-15-2013, 5:28 PM
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So is it going to still be legal to use our blocked 10/30 mags since these bills are dead?
AB48 is not dead, it is currently on the governor's desk.
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  #386  
Old 09-15-2013, 5:56 PM
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Lots of FUD here.

AB48 bans any magazine parts kit in the state. Purchased after Jan. 1 2014.

AB396 would have banned currently owned magazines - but it failed, so grandfather rules apply.
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  #387  
Old 09-15-2013, 10:27 PM
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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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half of you here are weak and lame that will basically wind up being happy with .22 single shot pistols or single barrel shotguns..

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  #388  
Old 09-21-2013, 7:05 PM
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Like others are asking, is possession of 10/30s going to be illegal?
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Last edited by ethik226; 09-21-2013 at 7:12 PM..
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  #389  
Old 09-21-2013, 7:13 PM
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Like others are asking, is possession of 10/30s going to be illegal?
No. That was 396 not 48
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  #390  
Old 09-21-2013, 7:16 PM
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Originally Posted by Losd619 View Post
No. That was 396 not 48
Okay, good. I'm buying 4 gen 3 PMAG 10/30s right now then haha
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  #391  
Old 10-20-2013, 11:15 AM
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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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