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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  
Old 03-21-2013, 6:27 PM
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Quote:
yeah, it's called sks.
Yeah, I was thinking SKS as well, however, there have been crack downs on those in Ca in the past and I also wonder if the SKS magazine would be considered "fixed" under the new language?
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  #82  
Old 03-21-2013, 6:29 PM
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Quote:
Originally Posted by neomedic View Post
Does that mean in "current" configuration? i.e. with BB?
This is they way I understand it.
Any centerfire rifle that does not have a fixed magazine as it is defined by the proposed bill cannot be legally acquired after 12/31.
It's safe to infer that currently any semi-auto rifle that has a BB is a centerfire rifle otherwise why would it have a BB.
And if it is acquired before 12/31 it must stay as it is and registered by 7/14.
And unless you can legally own a semi-auto rifle without a BB, you cannot remove the BB and replace it with regular mag release.

I hope this helps.
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  #83  
Old 03-21-2013, 6:32 PM
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Originally Posted by Calplinker View Post
"Exclude from Punishment".

Interesting change of words in the bills language. Should this become law, people who comply and register all their guns affected, could still be considered to have an illegal assault weapon, just "excluded from punishment".

I guess now we know why they killed the bill to eliminate grandfathering. If this passes, they'll just deem all BB guns assault weapons and even if you comply with registration, they will just consider them a public nuisance worthy of confiscation.

You just won't face prosecution.
Hmm... nice catch on that. Re-reading it I can see that wording being used to later confiscate your weapon(s) as they see fit. They'll just say the new bill and modifications to the PC never exempted you from the provision after you complied with the registration (i.e. grandfathered you in), it just protected you from any future prosecutions for possession of the aforementioned resgistered weapon(s).

Scarily enough, I could see them trying to employ that same legal interpretation against those that registered their "assault weapons" prior to 2001; along the lines of your comment about them dropping the grandfathering bill... this new wording sneakily incorporates it into the assault weapon PC provisions. I can see it now... "oh we're not going to fine or incarcerate you, but the law no longer exmepts you in possessing that scary evil looking thing, so now you have to hand it over. What? Compensate you??? No that's only for things taken for public domain use... just write it off as a loss on your taxes or something. Have a nice day!"

Beh, makes my skin crawl! I seriously hope those blood sucking, gun grabbing vermin, really get what's coming to them some day!
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  #84  
Old 03-21-2013, 6:33 PM
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They are really pulling out all of the stops. The overreaching is unbelievable really. This really is the anti's last push. I don't think these things will even pass scrutiny in the lower courts. No way, even if they passed would they become law. If so, I would fall out of my chair. Between NY's 7 round limit and now this, all I can say is WOW!
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  #85  
Old 03-21-2013, 6:35 PM
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Can we still make 80% lowers?
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  #86  
Old 03-21-2013, 6:36 PM
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Originally Posted by bruce381 View Post
wait a minute a BB gun is by the current defintion a fixed mag gun so a BB gun is exempt cause it is NOT a fixed magazine gun.
You are absolutely correct, but the key word here is current definition The new proposed bill re-defines what is a detachable magazine and the language clearly indicates that "in such a manner that the device cannot be removed without disassembly of the firearm action."
So the question is whether or not one can remove the BB magazine without disassembling the gun?
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  #87  
Old 03-21-2013, 6:37 PM
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Some thoughts. I didn't read the amended version, because I can very well guess what it says already.

One, lets keep in depth legal discussion of this bill on the QT. Keep it offline or via personal contact, as the walls here have ears.

Two,in all honesty what's contained in the bill is irrelevant. It needs to go away, period. We pulled it off last year with SB249; we can do the same thing with this bill.

We do that by pushing the Fudds off the fence. Before Newtown, the words we heard from them were "who cares, I don't own an AR15 " . Before Newtown, 2nd Amendment activism was an activity for the dilligent and the few. No longer. With bills like these and the Ny SAFE act, we now have proof of what we've been saying the entire time to the casual gun owners of America; the antis are playing for keeps, and as sure as my "assault weapons" get banned so too, will your Dads WWII 1911.

Get the word out. Enough bellyaching online-get this wonderful info into the public medium! Make posters. Post flyers at EVERY FFL and gun range. Post them on outdoor trails.Get on Facebook and make it clear that you dont agree with outlawing our own Anerican heritage.If you put this news out there, even the Yees and Feinsteins must deal with the consequences. They can ignore an email; they cannot ignore thousands of enraged constituents made aware of the fact they must now pay $200 to register their granddads gun collection.

It is through such efforts that we will defeat the Disarment Lobby. We did it before. We can -and will-do it again.

Lets get to work.
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  #88  
Old 03-21-2013, 6:37 PM
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so WTF out pistols are now assault weapons?
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Public Safety Chairman Reggie Jones Sawyer, D-Los Angeles said, “This is California; we don’t pay too much attention to the Constitution,”
https://www.youtube.com/watch?v=Z6Dj8tdSC1A
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  #89  
Old 03-21-2013, 6:40 PM
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I say let them pass it. This is to the point where I can see democratic voters starting to vote republican if this passes. Plus, there is no way it is constitutional.
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  #90  
Old 03-21-2013, 6:44 PM
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if you buy an assault weapon to a licensed dealer does that automatically register the weapon
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  #91  
Old 03-21-2013, 6:45 PM
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Originally Posted by mmayer707 View Post
I say let them pass it. This is to the point where I can see democratic voters starting to vote republican if this passes. Plus, there is no way it is constitutional.
no they won't they will continue to vote demoKrat.
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Public Safety Chairman Reggie Jones Sawyer, D-Los Angeles said, “This is California; we don’t pay too much attention to the Constitution,”
https://www.youtube.com/watch?v=Z6Dj8tdSC1A
contact the governor
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  #92  
Old 03-21-2013, 6:47 PM
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Quote:
Originally Posted by mmayer707 View Post
I say let them pass it. This is to the point where I can see democratic voters starting to vote republican if this passes. Plus, there is no way it is constitutional.
Can you say, let a thief steal there is no way it is legal?

One the victim will lose his property, and even if the thief is caught there is a slim chance that the victim will get the property back.
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  #93  
Old 03-21-2013, 6:56 PM
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Originally Posted by KIMBER8400 View Post
Can you say, let a thief steal there is no way it is legal?

One the victim will lose his property, and even if the thief is caught there is a slim chance that the victim will get the property back.
You make Grandad's .22lr illegal, and there will be some pissed off voters on both sides. TRUST me. My Mother would probably vote Republican and she was a Hippy that went to Berkeley in the 60's. She HATES guns but believes in her rights. Enough said?
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  #94  
Old 03-21-2013, 7:04 PM
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Quote:
Originally Posted by digdug74 View Post
Yeah, I was thinking SKS as well, however, there have been crack downs on those in Ca in the past and I also wonder if the SKS magazine would be considered "fixed" under the new language?
as of now, this is what they defined as fixed mag:

b) For purposes of this section, "fixed magazine" means an
ammunition feeding device contained in, or permanently attached to, a
firearm in such a manner that the device cannot be removed without
disassembly of the firearm action.

I believe the SKS original mag fits this description.
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  #95  
Old 03-21-2013, 7:07 PM
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Originally Posted by mmayer707 View Post
You make Grandad's .22lr illegal, and there will be some pissed off voters on both sides. TRUST me. My Mother would probably vote Republican and she was a Hippy that went to Berkeley in the 60's. She HATES guns but believes in her rights. Enough said?
Not at all,
First - Republicans in the government is not a guarantee that the bills passed by dems will be overturned.
Second - even if the bill is unconstitutional the way US Supreme Court schedules their cases it will take several years before this case can be reviewed and decided.
Thus it is best to fight and win right now than lose the fight here and hope that ONE day the people will realize and start to vote Republican in the hope that they will protect our rights.
REaly though?
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  #96  
Old 03-21-2013, 7:20 PM
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so if I read this right. those that registered the AW's in 2001 have to re-register them again?

if so what a crock of S****.
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Public Safety Chairman Reggie Jones Sawyer, D-Los Angeles said, “This is California; we don’t pay too much attention to the Constitution,”
https://www.youtube.com/watch?v=Z6Dj8tdSC1A
contact the governor
https://govnews.ca.gov/gov39mail/mail.php
In Memory of Spc Torres May 5th 2006 al-Hillah, Iraq. I will miss you my friend.
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  #97  
Old 03-21-2013, 7:20 PM
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Quote:
Originally Posted by McGlock View Post
We need to step up like NY!

http://www.youtube.com/watch?v=4y-Z-4JK300
Yeah; its time to step it up. Start hounding them at meetings, protest at their house, call other people when you see them at dinner and get a crowd to follow and boo them until they go back to their [also being protested at] house.

Heck, its no problem when their side does it. Turnabout is fair play...
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  #98  
Old 03-21-2013, 7:22 PM
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Originally Posted by RaiderNation View Post
I am really getting sick and tired of these *** clowns aka "Politicians". They love to make things more confusing with more government restrictions/control. Isn't the national debt and high unemployment a more pressing concern?
Of course; but they've already fubared those enough. I mean; what else can they do to screw those up more. Time to move on to guns...
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  #99  
Old 03-21-2013, 7:22 PM
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Quote:
Originally Posted by chris View Post
so if I read this right. those that registered the AW's in 2001 have to re-register them again?
That's how I understand it.
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  #100  
Old 03-21-2013, 7:29 PM
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Originally Posted by KIMBER8400 View Post
Not at all,
First - Republicans in the government is not a guarantee that the bills passed by dems will be overturned.
Second - even if the bill is unconstitutional the way US Supreme Court schedules their cases it will take several years before this case can be reviewed and decided.
Thus it is best to fight and win right now than lose the fight here and hope that ONE day the people will realize and start to vote Republican in the hope that they will protect our rights.
REaly though?
I honestly don't think it would have to go all the way to SCOTUS. I think it would get dropped by the first judge that sees it. I couldn't see a judge in their right mind calling this constitutional. I am being a bit ornery about it, but it really chaps my hide if you know what I mean.
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  #101  
Old 03-21-2013, 7:31 PM
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Default Standard language for a wobbler

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Originally Posted by gotshotgun? View Post
"(2) Existing law requires that any person who, within this state, possesses an assault weapon, except as otherwise provided, be punished as a felony or for a period not to exceed one year, in a county jail "

This makes no sense unless they mean it as a wobbler. A period not to exceed one year in county jail is a misdemeanor offense. And the grammar is terrible too...
When the statute says "punished as a felony" and the specific sentencing triad is not stated, the default sentencing range for the felony is 16 months, or 2 years , or 3 years.

Punished "for a period not to exceed one year, in a county jail" means it is a felony that can be reduced to a misdemeanor.

That phrasing is standard throughout the penal code.
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  #102  
Old 03-21-2013, 7:32 PM
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Cause we all know this is totally constitutional.
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  #103  
Old 03-21-2013, 7:36 PM
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Weird because my 8 month old and 3 year old legally owns every rifle and shotgun I have. I wonder how they get the memo to register these. There is a super easy way to make any AR conform to this Btw. It's so easy I don't even need to post it.
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""Calgunners couldn't wait to start falling all over themselves as to how to best comply""


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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  #104  
Old 03-21-2013, 7:37 PM
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Originally Posted by mosinnagantm9130 View Post


Cause we all know this is totally constitutional.
that doesn't matter to them anymore. SH made it ok to do what ever they want in regards to guns. I sure as hell hope that the Heller and McDonald are used against this nonsense.
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Public Safety Chairman Reggie Jones Sawyer, D-Los Angeles said, “This is California; we don’t pay too much attention to the Constitution,”
https://www.youtube.com/watch?v=Z6Dj8tdSC1A
contact the governor
https://govnews.ca.gov/gov39mail/mail.php
In Memory of Spc Torres May 5th 2006 al-Hillah, Iraq. I will miss you my friend.
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  #105  
Old 03-21-2013, 7:39 PM
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Default AB 109 would not apply to this felony

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Originally Posted by Paul S View Post
You have forgotten about the impact of AB109. Some felony punishments of more than a year can now be served at the county jail. Since conviction under this proposed statute is a non-violent type of crime the person convicted might very well serve the time in county jail.
The felony sentencing in this case would be real state prison, not prison in the local jail. If it's local jail "prison" the statute would specify that the punishment is pursuant to penal code section 1170(h). 1170(h) is ALWAYS specified for a felony punishment to be served in local jail rather than the standard state prison setting.
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  #106  
Old 03-21-2013, 7:45 PM
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Quote:
Originally Posted by 1981 View Post
as of now, this is what they defined as fixed mag:

b) For purposes of this section, "fixed magazine" means an
ammunition feeding device contained in, or permanently attached to, a
firearm in such a manner that the device cannot be removed without
disassembly of the firearm action.

I believe the SKS original mag fits this description.
or and AR mag that's bolted on....
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  #107  
Old 03-21-2013, 7:46 PM
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Quote:
Originally Posted by mmayer707 View Post
I honestly don't think it would have to go all the way to SCOTUS. I think it would get dropped by the first judge that sees it. I couldn't see a judge in their right mind calling this constitutional. I am being a bit ornery about it, but it really chaps my hide if you know what I mean.
Assuming that at the state supreme court level it is decided that the law is unconstitutional.
don't you think they will appeal and take the case for review by U.S. Sup Court?
IMHO they will not stop at the state level.
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  #108  
Old 03-21-2013, 8:14 PM
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how far are we from finding out if this BILLcrap would pass or not?
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  #109  
Old 03-21-2013, 8:26 PM
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Below is the history which briefly shows and tracks the bill.
It is still has to go to State Assembly and similar procedures shown below must be performed by the Assembly and then they both the senate and the assembly take a vote. I think and I am not sure, if by end of 10/31 the bill is not made into law, then it cannot made into law in 2013.

However even if Gov Brown vetoes the bill, the 2/3 vote in both houses can override the veto thereby passing the bill into law.




History

Date Chamber Action
2013-03-20 Senate From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
2013-03-13 Senate Set for hearing April 16.
2013-02-07 Senate Re-referred to Com. on PUB. S.
2013-01-24 Senate From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
2013-01-10 Senate Referred to Com. on RLS.
2013-01-07 Senate Read first time.
2012-12-19 Senate From printer. May be acted upon on or after January 18.
2012-12-18 Senate Introduced. To Com. on RLS. for assignment. To print.
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  #110  
Old 03-21-2013, 8:38 PM
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Fellas check this link out, especially the contributors.

http://www.followthemoney.org/databa....phtml?uc=4419
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  #111  
Old 03-21-2013, 8:49 PM
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Quote:
Originally Posted by john67elco View Post
Weird because my 8 month old and 3 year old legally owns every rifle and shotgun I have. I wonder how they get the memo to register these. There is a super easy way to make any AR conform to this Btw. It's so easy I don't even need to post it.
Pictures or it never happened.
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  #112  
Old 03-21-2013, 9:10 PM
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thank you sir!
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  #113  
Old 03-21-2013, 9:19 PM
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Originally Posted by KIMBER8400 View Post
Fellas check this link out, especially the contributors.

http://www.followthemoney.org/databa....phtml?uc=4419
Disgusting how much money that slimeball rolls in.
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  #114  
Old 03-21-2013, 10:25 PM
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So i'm still confused. People who have BB'd rifles will keep their rifles BB'd and people who currently have RAW keep their rifles non BB'd? If registered by the allotted time?
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  #115  
Old 03-21-2013, 10:40 PM
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So i'm still confused. People who have BB'd rifles will keep their rifles BB'd and people who currently have RAW keep their rifles non BB'd? If registered by the allotted time?
Ur not confused, that's is correct; provided that the bbd rifles are acquired before 12/31/13 and if the bill passes as it currently stands.
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  #116  
Old 03-21-2013, 11:01 PM
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How about a banner over Hwy 80 on the Berkeley pedestrian walkway? There's usually somebody up there with a political message for the many thousands of daily commuters, why not one that's tastefully pro-gun? And it's right in the backyard of Hancock, Skinner, Bonta, etc.

I'm willing to roll up my sleeves and help make it happen. I don't have any experience with this and I would like some senior CGF/CGN advice on what message would be effective.







Quote:
Originally Posted by SilverTauron View Post
Some thoughts. I didn't read the amended version, because I can very well guess what it says already.

One, lets keep in depth legal discussion of this bill on the QT. Keep it offline or via personal contact, as the walls here have ears.

Two,in all honesty what's contained in the bill is irrelevant. It needs to go away, period. We pulled it off last year with SB249; we can do the same thing with this bill.

We do that by pushing the Fudds off the fence. Before Newtown, the words we heard from them were "who cares, I don't own an AR15 " . Before Newtown, 2nd Amendment activism was an activity for the dilligent and the few. No longer. With bills like these and the Ny SAFE act, we now have proof of what we've been saying the entire time to the casual gun owners of America; the antis are playing for keeps, and as sure as my "assault weapons" get banned so too, will your Dads WWII 1911.

Get the word out. Enough bellyaching online-get this wonderful info into the public medium! Make posters. Post flyers at EVERY FFL and gun range. Post them on outdoor trails.Get on Facebook and make it clear that you dont agree with outlawing our own Anerican heritage.If you put this news out there, even the Yees and Feinsteins must deal with the consequences. They can ignore an email; they cannot ignore thousands of enraged constituents made aware of the fact they must now pay $200 to register their granddads gun collection.

It is through such efforts that we will defeat the Disarment Lobby. We did it before. We can -and will-do it again.

Lets get to work.
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  #117  
Old 03-21-2013, 11:12 PM
qdx450 qdx450 is online now
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this is their ultimate plan to confiscate all of our ar15 type guns even 22lr. if this passes, its time to take apart lock-up and hide em. no D.A. is going to prosecute a good law abiding gun owner for ignoring this law. the state prisons are kicking out none violent short term inmates to county jails, and county is releasing none violent offenders because there impacted with violent criminals waiting trials to go to state prisons. with over a million registered gun owners in cali. we should start thinking how to repeal some of these gun laws.
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  #118  
Old 03-21-2013, 11:20 PM
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oh so now you have to pay money to not be a felon? this reminds me of the crooked cop saying pay up or ill throw you in the slammer . isn't there a law against that? extortion seems very wrong to me.
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  #119  
Old 03-21-2013, 11:31 PM
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Im not stressing

Simply im not abiding by it and refuse to be a victim any longer.

and I know for damn sure there will be tens of thousands of others that do the same, not even including the even more thousands that will have no idea what the law actually is or means and suddenly will become criminals overnight.

they can blow me.
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  #120  
Old 03-21-2013, 11:31 PM
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Kingofthehill Kingofthehill is offline
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Im not stressing

Simply im not abiding by it and refuse to be a victim any longer.

and I know for damn sure there will be tens of thousands of others that do the same, not even including the even more thousands that will have no idea what the law actually is or means and suddenly will become criminals overnight.

they can blow me.
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