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LAW: Things we know, and things we don't
Some questions cannot be answered with certainty.
That is frustrating, but this is California, and it is easy to argue that Our Fine Legislators have no interest in making things easy. The typical sources for opinions offered here - and to reiterate, nothing here is legal advice - are the 'black letter' Penal Code and other California codes and regulations, and court cases. Sometimes we can get guidance from the Attorney General, and that can help. Unfortunately, the AG is not charged with answering questions from the public. The duties of the Attorney General are defined in the California Constitution, Article 5, Section 13 - http://www.leginfo.ca.gov/.const/.article_5. The AG's web page on opinions says Quote:
In order to serve public inquiry, the AG would need to value that purpose enough to staff the state offices with enough people with the correct training to answer legal questions. Especially related to firearms, that has not been true for the last two or three elected AGs; calling/writing the Firearms Division is an unlikely way to get an accurate answer for any but the simplest questions. But a number of questions regarding the interpretation of California statute remain unanswered. All of our guesses and rationalizations are nothing compared to one court case where a judge makes a ruling that clarifies. Herewith is a partial list of Questions With No Certain Answer in California law ... re: transportation of a handgun What is a 'secure' container?re: Magazines What exactly is a 'conversion kit?re: 'Slidefire' stocks, trigger kits and similar Are these illegal 'multiburst trigger activators' under California law? (Note that ATF opinions are Federal, and have no influence on California law.)re: Unlicensed concealed carry What is a 'public place'? (We have a little bit of guidance, but not much.)re: modification to handguns influential in self-defense prosecution The claim is often made that some modifications to a self-defense weapon e.g. trigger 'weight' may be used against a defendant. Citations to specific cases are so far lacking. ================================================== ================ There are two major ways to react to such questions: live with the uncertainty, and do the best you can
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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. Last edited by Librarian; 08-30-2014 at 9:57 AM.. |
#2
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Uncertainty is often a blessing because it can allow argument where none was intended. And yes, litigation often is as much a gamble as it is a search for the truth.
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