Miller v. Bonta 9th Ckt "assault weapons": Held for Duncan result 1-26-24

[ar15barrels]

Notice the PC saying all of the following specified RIFLES. The receiver is NOT a rifle.

You completely missed (e).

[ar15barrels]

30510 (e) does say weapons. It?s contradictory but ?weapons? would cover the serialized receiver, right?

Yes.

[ar15barrels]

When does the word "weapon" designate a rifle? There is no ATF desgination on a rifle, receiver, pistol, shotgun or other as weapon

All firearms are considered weapons.
As are knives, clubs and batons.

[taperxz]

Yes.

No because the PC specifically lists "rifles" and then follows with the rifles that are banned.

FFL's have gone over all this in the FFL forum and consulted both ATF and DOJ

[taperxz]

You completely missed (e).

Nope You mean this part of (E)?
the most effective way to identify and restrict a specific class of semiautomatic weapons

[DolphinFan]

This could expedite a Ben?tez Decision

[ar15barrels]

No because the PC specifically lists "rifles" and then follows with the rifles that are banned.

FFL's have gone over all this in the FFL forum and consulted both ATF and DOJ

Then why are there no named AW receivers being legally sold?
It's been 30+ years since the first named list.
If you are right, there would certainly be FFL's capitalizing on the fact.
The fact that there are none legally for sale says you are not right.

[ar15barrels]

Nope You mean this part of (E)?
the most effective way to identify and restrict a specific class of semiautomatic weapons

That's not the part I bolded.
Look at what I posted.
It's bolded to make it easy to find.

[taperxz]

Then why are there no named AW receivers being legally sold?
It's been 30+ years since the first named list.
If you are right, there would certainly be FFL's capitalizing on the fact.
The fact that there are none legally for sale says you are not right.

How do you know that? Probably because you really can't do anything with them within the law and the reason many FFL's discussed this was for people who have had them for a long time, knew nothing about registration or just didn't, passed on leaving them for family and how to not get in trouble with them.

Based on the law we concured that stripping them down to nothing but a receiver would keep them out of trouble. Not that they could even rebuild a firearm with it in this state at this current time.

Stripping them leaves them as Not Semi Auto and not a rifle as described in the penal code.

[taperxz]

That's not the part I bolded.
Look at what I posted.
It's bolded to make it easy to find.

You can't cherry pick (e) its part of the equation.

[Sgt Raven]

There were also these makes and models specifically "identified" prior to the 2000 registration deadline. I'm not sure if these are enforced like the Roberti-Roos list, as I believe the state posted this updated list when their "AR" and "AK" series language was challenged. Anyone remember?

That is the Kasler v Lockyer addition to the by name list aka Type 2 AWB



Roberti-Roos = Type 1 AWB
Kasler = Type 2 AWB
SB23 Features = Type 3 AWB

[Sgt Raven]

Harrot vs Kings County mooted the (all) listings and said that the specific markings have to be listed individually and that the state may not use (all) as a catch-all like they wanted to.

That's makes any unlisted SLR legal to transfer as long as the specific model number is not listed.

Same with a Colt or any other make/model that's not specifically listed.

I forgot about Harrot.


I was attributing it to Kasler.


I knew the effect it had...

[ar15barrels]

You can't cherry pick (e) its part of the equation.

Same for you then.

Which is exactly why we see absolutely no sales of listed stripped receivers.

[ar15barrels]

This could expedite a Ben?tez Decision

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Nope.
Hawaii has already said they are requesting en-banc.

The last time we got a pro-2a 3 judge 9th circuit decision a couple years ago, it went en-banc and was overturned.
That guy says he does not remember but it was just in the last couple years.

[SpudmanWP]

Duncan was a pro 3-Judge panel that was reversed by the en banc panel.