SB-1235 Ammunition Loophole

[itr1275]

In the text of the bill as Today's Law Amended it defines ammunition below.

http://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201520160SB1235

primer case

Note the use of the words "primer case". There is no primer case with respect to centerfire cartridges. This would only apply to rimfire cartridges which have an case and primer as one unit, and could be construed as a "primer case"

[tony270]

Primer Case = shell casing, a case that holds the primer, powder, and projectile.

[itr1275]

Primer Case = shell casing, a case that holds the primer, powder, and projectile.

It's the case of the primer, so the brass (projectile case) is not included?

[edgerly779]

^^ Yeah good luck with that. Let us know how it goes with you when you claim that. Couple guardhouse lawyers.

[swift]

[Librarian]

A dropped comma is unlikely to remain dropped.

[tony270]

A dropped comma is unlikely to remain dropped.

I though of that too, but deeper thinking says that a primer case covers it, no comma needed.

[Librarian]

Actually, it isn't even a dropped comma - it's a typo.

Current law:

primed

One might expect that whoever proof-read the new text does not actually know what 'ammunition' parts are.

[tony270]

I think a primed case covers ammunition that uses primer caps, and rim-fire ammunition where the rim of the case is primed.

But I'm no proof-reader, just some dude on the internet, .

[edgerly779]

The cup that contains primer compound is likely contains ops parts

[cdtx2001]

Doesn't matter, most ammo vendors got the gist of the new law and refuse to sell/send ammo to CA. The lawmakers won.

[GW]

These laws...

[Citadelgrad87]

[Dvrjon]

In the text of the bill as Today's Law Amended it defines ammunition below.

http://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201520160SB1235

SEC. 2. Section 16150 of the Penal Code is amended to read:

16150. (a) As used in this part, except as specified in subdivision (b), “ammunition” means one or more loaded cartridges consisting of a primer case, propellant, and with one or more projectiles. “Ammunition” does not include blanks.

Note the use of the words "primer case". There is no primer case with respect to centerfire cartridges. This would only apply to rimfire cartridges which have an case and primer as one unit, and could be construed as a "primer case"

Note, first, that you appear to be citing a draft of an amended bill which has no legal standing.

Now, note that the language you are citing was eventually contained in Section 2 of the enacted version of SB 1235 (DeLeon)

SEC. 2. Section 16150 of the Penal Code is amended to read:
16150. (a) As used in this part, except as specified in subdivision (b), “ammunition” means one or more loaded cartridges consisting of a primer case, propellant, and with one or more projectiles. “Ammunition” does not include blanks.

Note also, that Section 19 of the enacted SB 1235 voided it’s own Section 2 (and other sections) upon passage of Prop 13.

SEC. 19. (a) Sections 12, 15, and 16 of this act shall only become operative if the Safety for All Act of 2016 is enacted by the voters at the November 8, 2016, statewide general election and becomes effective, in which case Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, and 14 shall not become operative.

Finally, note that the language of Proposition 63, Section 8.1 (Page 168 of the ballot) resides in the current CA PC 16150.

[Librarian]

^^ This ^^

Thank you, Dvrjon; this is why quoting the text from a bill, especially one that interacted with Prop 63, is perilous.