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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel. |
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LA v POLYMER80
https://www.msn.com/en-us/news/us/la...a7b3837&ei=100
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Since when is a LESS THAN 80% KIT REQUIRED TO BE SERIALIZED AND A BG CHECK [DROS] FOR PURCHASE? Other than application to DOJ for a serial before completion of a self made firearm in Crap-O-fornica? Was this an OOC settlement aka {CAVEIN} or an actual trial? >>>doesn't say<<< Can POLYMER80 appeal? Other than loudly beating the LA CITY antigun agenda drum. Article is very lacking in any details or specifics. ANYBODY GOT ANYTHING FURTHER? |
#2
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There's no federal requirement for an unfinished receiver to be serialized, so the suit was blatantly wrong on that count. However, polymer80 probably agreed to settle based on the "firearm precursor part" bill AB 1621 which requires an unserialized 80 to be sold in Ca as if it were a firearm.
Really, Polymer 80 bent the knee and agreed it broke the law opting to settle instead of defending itself. This should have been a great case to force the courts to unify on a definition of "firearm", because I guarantee this is going to be an increasing problem in the future. Quote:
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#6
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Polymer80 is the most visible and probably the largest 80% kit seller. They were singled out by name in various ATF missives. I'm not surprised.
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#7
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Theoretically, no. My quip was tongue in cheek since settling (legally) admits no fault and concedes no facts. It's simply a position of "we're gonna pay to make this go away"
In practice? Probably. Show me the [state] and I'll show you the incentive |
#9
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What,s next spring manufacturer's sued over making springs that are similar to one's used in firearms. A piece of plastic or aluminum block not a firearm. Welcome to California where one law abiding citizen can go to bed at night and with a stroke of a pen can be a felon before his feet hit the floor the next morning . One somber night the CAL DOJ GOON SQUAD will come to your house kick in the door and haul you and yours out of your bed and do to you whatever they want. Under the guise of gun safety violations. Beware history is repeating it self right before your eyes.
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#10
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I wonder...if:
- 80% receivers and other parts are now 'firearms' - Bruen says: "the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in exist- ence at the time of the founding." - There is an intersection between the category 'bearable arms' and the category 'firearms' Does the 2A now cover 80% receivers and other parts that are 'firearms'? |
#12
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As far as california is concerned, that is incorrect.
During the open comment period for AB 879, this question was asked: http://michellawyers.com/wp-content/...tachment-D.pdf Summarized Comment #15 Quote:
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#13
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The legislature wrote the law as vague as possible so it can be applied in any situation the state wishes.
This is no different from when the Soviet Union had laws criminalizing "anti-social activity". What qualified as anti-social? You're in luck, it's whatever the prosecutor brought you in for! |
#14
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Is it a good thing or a bad thing that Sacramento is now reduced to attempting solutions to philosophical problems that are as old as Western civilization itself?
https://en.wikipedia.org/wiki/Zeno%27s_paradoxes |
#15
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#Democracy is 2 wolves and a lamb voting on what to have for dinner. #Let?s go Brandon! #FJB
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#16
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How so?
Per Heller: Quote:
If it is, then it's covered. If it's not, then the next question to ask is "Is it a precursor part?". For an 80% receiver, it is and is therefore also covered per multiple decisions related to the 1st Amendment. Grosjean v. American Press Co. Minneapolis Star Tribune Co. v. Commissioner While there are current excise taxes on ammo & firearms, they only exist due to the soft enforcement of the 2nd Amendment. Post-Bruen they will fall in time. Finally, there are a ton of District level rulings (mostly PIs) post-Bruen stating that parts are arms for the purpose of the Bruen THT test. Usually, the reasoning is that the part in question affects the functionality of an arm and is therefore covered under the test. Last edited by SpudmanWP; 06-01-2023 at 2:59 PM.. |
#17
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This is also why every gun co and FFL should periodically (re)incorporate
into another entity.
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Bill Wiese San Jose, CA CGF Board Member / NRA Benefactor Life Member / CRPA life member
No postings of mine here, unless otherwise specifically noted, are to be construed as formal or informal positions of the Calguns.Net ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my employer. No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer. |
#18
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Our tax dollars fund these expensive invasions of Gov into enterprise,..
So how many good jobs and businesses has gov put out of business today? Our founders would be shocked. Wrong has become right.
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God so loved the world He gave His only Son... Believe in Him and have everlasting life. John 3:16 NRA,,, Lifer United Air Epic Fail Video ... https://www.youtube.com/watch?v=u99Q7pNAjvg |
#19
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Q-2 ... It could be a [bearable arm] and covered by 2A if carried upon the person, for the purpose of SD. Just as a rock, a stick, or a handful of chili powder, could be utilized as a defensive weapon. Ca claiming it is, is just more asinine legislation. Unsupportable by any finding of FACTS in an unbiased court of law. https://youtu.be/Z6Dj8tdSC1A Ca. taxpayers are on the hook for BILLIONS OF DOLLARS every year. Spent by the various leftist anti 2A state actors in support of their various VIRTUE SIGNALING AGENDAS. |
#20
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CA passed new laws that went into effect on 07-01-2022. Starting 07-01-2022, "firearm precursor parts" aka "1%-80% receivers" [PC 16531(a)] are considered firearms under CA laws. [PC 16520(b)] Starting 07-01-2022, it is illegal to sell a "firearm precursor part" in CA, unless it has been serial numbered by a 07-FFL and it is transferred (DROS/10 day wait) through a CA FFL dealer. [PC 27530(a)] Starting 07-01-2022, the CA AG or any CA DA or any city attorney can sue a manufacturer or vendor for making/importing/transferring "firearm precursor parts" in CA. [PC 18010(d)] Penal Code 18010 (d)(1) The Attorney General, a district attorney, or a city attorney may bring an action to enjoin the importation into the state or sale or transfer of any firearm precursor part that is unlawfully imported into this state or sold or transferred within this state. (2) Any firearm precursor parts that are unlawfully imported in this state or unlawfully sold, transferred, or possessed within this state are a nuisance and are subject to confiscation and destruction pursuant to Section 18005.
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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; 06-01-2023 at 6:19 PM.. |
#22
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And also does nothing condoning municipal officials lying about the contents of FEDERAL LAWS [GCA-68]. In court filings. Quote:
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#23
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Polymer80 made a business decision to cut losses and bail rather than fight it for the next 10 years in court. Hard to argue with that as disappointing as it is.
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#24
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#25
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So this was a settlement. Lawyer decision that $5 million in fines is less of a cost than the fees of a lawsuit in CA with a questionable outcome. Understood...doesn't make it right.
But did they admit any guilt? If not all that will happen is companies will stop doing business in CA until these laws are overturned. It doest set a legal precedent that these laws are constitutional. They are definitely not just. CA is broken and every year it gets worse and worse |
#27
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Well I suppose if a person were to take that square block of aluminum or plastic and through at the person and caused a lethal injury.......I know of someone charged with use of a deadly weapon for throwing a frozen corn dog at someone. But to go after somone for possession of such is as funny as mag wheels on a tractor.
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