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Don't use large-cap mags in mag-locked guns
Setting aside the effects of the Benitez ruling, it's important to realize some things have NOT changed.
Can I use LCMs in my 'featureless' centerfire semiautomatic rifles?? Yes. Can I use LCMs in my RAW -Registered Assault Weapon(s)? Yes. IF YOU REGISTERED, the registered guns do NOT have a 'fixed magazine'. If you registered a 'bullet-buttoned' gun, under the new law that is NOT a 'fixed magazine' gun. Can I use LCMs in my gun that has a new magazine locking device (open action to release mag)? No. 32310 (the narrow subject of Judge Benitez's ruling in Duncan) is about just crimes with magazines; the definition of large-capacity magazine is independent of 32310. 'Assault weapon' law is a different piece - in this case: PC 30515 -- And 30515 does not even use the term 'large capacity magazine' - it says "a fixed magazine with the capacity to accept more than 10 rounds." Quote:
Using a LCM in a fixed magazine device creates an 'assault weapon'. That's a felony. Do not do that.
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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; 04-01-2019 at 2:58 PM.. |
#4
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How many times do we have to tell these twits. Many posts with this info. Lotsa nummies out there. 10 plus round mag in fixed mag semi auto = Assault Weapon. Also same for ar and ak pistols.
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#6
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Me thinks for now, Librarian is correct but that if the Benitez ruling holds, that would be grounds for going after PC 30515. So, your point is well taken.
In the meantime, can someone simply convert a fixed mag AR to a full featureless and be good to go? Seems doing that is well within the law.
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Let us not pray to be sheltered from dangers but to be fearless when facing them. - Rabindranath Tagore A mind all logic is like a knife all blade. It makes the hand bleed that uses it. - Rabindranath Tagore Talent hits a target no one else can hit. Genius hits a target no one else can see. - Arthur Schopenhaur |
#7
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#11
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If things were rational in CA, much of the reasoning in Duncan should apply to a new suit against many of CA’s gun laws — but such suits must be filed specifically against the laws, there is no ‘penumbra’ of Duncan that sweeps up other parts of Penal Code.
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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. |
#17
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So; if it is a registered raw does the bullet button need to stay on? and/or to double check; larger than 10 round magazine is ok on them? The flowchart makes a rotating magazine also seem ok on a raw. ? Thanks Last edited by sl0re10; 04-01-2019 at 8:47 PM.. |
#18
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You forgot the part where lawyers make up a term for something that has a completely different plain English meaning, then expect you to follow their orders as to how you speak English.
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The Rifle on the Wall "“[S]cientific proof” of both gun-rights and gun-control theories “is very hard to get”; therefore, requiring “some substantial scientific proof to show that a [firearm] law will indeed substantially reduce crime and injury” is tantamount to applying strict scrutiny to, and almost certainly will lead to invalidation of, the law." - Kamala Harris Lawyers and their Stockholm Syndrome |
#19
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But as noted, a BB no longer qualifies to make a rifle 'fixed mag', so can't create an 'assault weapon' by using a 11+ mag in such a registered gun. What kind of rotating mag exists for a centerfire semi-auto? I don't think of a drum as a 'rotating mag'. IIRC, rotating cylinders are mentioned in the context of shotguns.
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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. |
#21
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Oh we all know why. But ask people like FGG, and they'll insist there is some sort of magical legal logic that makes it all sensible. You know, stuff the average non-lawyer could never comprehend.
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The Rifle on the Wall "“[S]cientific proof” of both gun-rights and gun-control theories “is very hard to get”; therefore, requiring “some substantial scientific proof to show that a [firearm] law will indeed substantially reduce crime and injury” is tantamount to applying strict scrutiny to, and almost certainly will lead to invalidation of, the law." - Kamala Harris Lawyers and their Stockholm Syndrome |
#22
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No. No. No. Not on this ruling. A subsequent case/ruling, maybe.
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Expert firearms attorney: https://www.rwslaw.com/team/adam-j-richards/ Check out https://www.firearmsunknown.com/. Support a good calgunner local to San Diego. |
#23
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Yes.
__________________
Expert firearms attorney: https://www.rwslaw.com/team/adam-j-richards/ Check out https://www.firearmsunknown.com/. Support a good calgunner local to San Diego. |
#24
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Why not? What would they charge you with? The only available charge is PC 30605, possession of an unregistered assault weapon. It is a registered assault weapon.
__________________
Expert firearms attorney: https://www.rwslaw.com/team/adam-j-richards/ Check out https://www.firearmsunknown.com/. Support a good calgunner local to San Diego. |
#25
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This is not legal advice. There is risk to virtually anything involving firearms in CA. You can manage your own risk and decide what to do. I, myself, am comfortable stating here on a public forum that I have twenty registered assault weapons, one of which dates back to 1999, the remaining 19 were from the latest reg period. None of my registered assault weapons have any magazine locking devices installed including bullet buttons at this time though they were, of course, lawfully possessed as non-AWs before 1/1/17 and had BBs (with respect to the recent 19 firearms) when submitted for registration and until registration was confirmed.
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Expert firearms attorney: https://www.rwslaw.com/team/adam-j-richards/ Check out https://www.firearmsunknown.com/. Support a good calgunner local to San Diego. Last edited by ohsmily; 04-01-2019 at 9:56 PM.. |
#26
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The Rifle on the Wall "“[S]cientific proof” of both gun-rights and gun-control theories “is very hard to get”; therefore, requiring “some substantial scientific proof to show that a [firearm] law will indeed substantially reduce crime and injury” is tantamount to applying strict scrutiny to, and almost certainly will lead to invalidation of, the law." - Kamala Harris Lawyers and their Stockholm Syndrome Last edited by curtisfong; 04-01-2019 at 9:53 PM.. |
#27
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NOTE that I edited the post you quoted for clarity and to be more precise (the DOJ was not a party to the prosecution; only an expert witness)
__________________
Expert firearms attorney: https://www.rwslaw.com/team/adam-j-richards/ Check out https://www.firearmsunknown.com/. Support a good calgunner local to San Diego. |
#28
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Quote:
__________________
The Rifle on the Wall "“[S]cientific proof” of both gun-rights and gun-control theories “is very hard to get”; therefore, requiring “some substantial scientific proof to show that a [firearm] law will indeed substantially reduce crime and injury” is tantamount to applying strict scrutiny to, and almost certainly will lead to invalidation of, the law." - Kamala Harris Lawyers and their Stockholm Syndrome |
#29
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Thanks |
#30
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A cylinder has chambers that rotate around an axis so that each chamber can be discharged through a common barrel. The Armsel/Striker is a shotgun that utilizes a cylinder. The Pancor Jackhammer was a shotgun that utilized a detachable cylinder. The Crye Precision Six12 is a shotgun that utilizes a detachable cylinder. |
#31
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Thanks for the clarification. Hopefully the ruling stands the test of time.
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^^^The above is just an opinion. NRA Patron Member CRPA 5 yr Member "...which from their verbosity, their endless tautologies, their involutions of case within case, and parenthesis within parenthesis, and their multiplied efforts at certainty by saids and aforesaids, by ors and by ands, to make them more plain, do really render them more perplexed and incomprehensible, not only to common readers, but to lawyers themselves. " - Thomas Jefferson |
#33
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Thanks for the OP Librarian. Lotsa people buying AR mags like crazy right now. My focus over the weekend was getting my various pistols outfitted with factory-cap mags. |
#34
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No. Fail. Please read pc 30515 pertaining to shotguns.
__________________
Expert firearms attorney: https://www.rwslaw.com/team/adam-j-richards/ Check out https://www.firearmsunknown.com/. Support a good calgunner local to San Diego. |
#35
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#36
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It all works. This does not comprise a patent disclosure. All rights reserved.
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What about the 19th? Can the Commerce Clause be used to make it illegal for voting women to buy shoes from another state? |
#37
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but if it is not registered; you may want to check if it legal to own at all. I only registered mine because I couldn't see a configuration path to avoid registering it. |
#38
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__________________
Expert firearms attorney: https://www.rwslaw.com/team/adam-j-richards/ Check out https://www.firearmsunknown.com/. Support a good calgunner local to San Diego. |
#39
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Quote:
Quote:
What may be CA legal for rifles or pistols, may not be CA legal for shotguns. Example... grip fins do nothing to change the legality of a shotgun. Therefore... (only CA laws are being considered, not touching on Fed 922r requirements on the capacity limit on imported shotguns) If the VEPR-12 is semi-auto and has detachable magazines, then it's an illegal assault weapon. [PC 30515(a)(7)] ^Not having a fixed magazine is a restricted feature on semi-auto shotguns, regardless of how the shotgun is configured. If the VEPR-12 is semi-auto and was registered as an assault weapon, then it can legally use detachable magazines of any capacity. If the VEPR-12 is semi-auto and has a fixed magazine, then there is no capacity limit for the fixed magazine. ^In order to be considered a "fixed magazine", the ammunition feeding device needs to be contained in the firearm and it can not be removed without disassembling the firearm's action or it is permanently attached in the firearm's magazine well. If the VEPR-12 is manually operated, then it can legally use detachable magazines of any capacity.
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"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001). Last edited by Quiet; 04-02-2019 at 11:12 PM.. |
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