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Mythbusters & AWs
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"If we make enough laws, we can all be criminals."
Walnut media for bright brass
http://www.calguns.net/calgunforum/s...d.php?t=621214 -
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If CA wants to call a machinegun an AW, CA law is allowed to do that.CA anti-gun laws cannot & do not trump any Federal anti-gun laws. CA anti-gun laws can & often do expand upon Federal anti-gun laws. All anti-gun laws including Federal ones violate the 2A & other parts of the Constitution, such as the commerce clause & state's rights. The real problem with CA anti-gun laws is the enforcement of them & the negative opinions of gun owners in the minds of the majority of CA voters. Courts use strict definitions, case law/precedent. Re-reading Bill's post, I think what he may have been getting at is what a uninformed LEO or DA could do & get away with for a while, by trying to turn a MG into an AW. If it was a registered MG, ATF would step in & yank CA DOJ's chain. They don't like states getting involved with their pets like the NFA registry. Not too long ago CA DOJ tried to bring MG possession charges & destroy a collection of registered MG from a vets estate in CA. ATF stepped in & shut DOJ down. All charges dropped, but DOJ did get a small victory as the Jap MG's had to be DEWATTED somewhat before they released them to be shipped to a C3 dealer out of state.
It's not "trumping" federal law, as federally the MG is still an MG (and it's still an MG according to CA law as well). There's no law anywhere that says one thing can't be one thing and another thing.
The Taurus judge is a perfect example. It's just a pistol, right? CA law calls it a short-barreled shotgun even though it doesn't meet the federal or CA legal definition of a shotgun.Please read the Calguns Wiki
Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
--Cesare, Marquis of Beccaria, "On Crimes and Punishment"Comment
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