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Definition of a Tool

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  • Write Winger
    Banned
    • Oct 2009
    • 6136

    Definition of a Tool

    In reference to the definition of a "Deteachable Magazine":

    A detachable magazine is any ammunition feeding device that can be removed readily from the firearm with neither disassembly of the firearm action nor use of a tool being required. A bullet or ammunition cartridge is considered a tool.

    Why was that last sentence included? What was it in reference to? Why point that out as an exception or as a viable option as a tool when the point of the law was to make things more difficult?
  • #2
    Dreaded Claymore
    Veteran Member
    • May 2010
    • 3231

    I have heard that the last sentence was referring to the SKS and clones of it. But why they wanted to exempt the SKS, I have no idea.

    Comment

    • #3
      Librarian
      Admin and Poltergeist
      CGN Contributor - Lifetime
      • Oct 2005
      • 44630

      Originally posted by Write Winger
      In reference to the definition of a "Deteachable Magazine":

      A detachable magazine is any ammunition feeding device that can be removed readily from the firearm with neither disassembly of the firearm action nor use of a tool being required. A bullet or ammunition cartridge is considered a tool.

      Why was that last sentence included? What was it in reference to? Why point that out as an exception or as a viable option as a tool when the point of the law was to make things more difficult?
      It was included to specifically allow a bullet to be used as the tool to operate the magazine release; otherwise someone might conclude that only things marketed as 'tools' might qualify e.g screwdrivers, punches.

      The point of the regulation you quote was NOT to make things more difficult, though the point of the legislation was.
      ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

      Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

      Comment

      • #4
        Write Winger
        Banned
        • Oct 2009
        • 6136

        I could use punch to do the same thing, or a paperclip. Why they'd specifically include that though just made me think "hey, why'd they do that?"

        I take it ppl have torn the idea apart already of the final cartridge in the mag being spent as the trigger to release the mag (and being unable to remove the msg until then) not viable as using the cartridge as the tool?

        Comment

        • #5
          jl123
          Veteran Member
          • Apr 2010
          • 4921

          Originally posted by Dreaded Claymore
          I have heard that the last sentence was referring to the SKS and clones of it. But why they wanted to exempt the SKS, I have no idea.
          This is what I've heard too.
          Originally posted by jshoebot
          This thread wouldn't have happened if they sold drugs in vending machines.

          Comment

          • #6
            bwiese
            I need a LIFE!!
            • Oct 2005
            • 27621

            Librarian and DreadedClaymore have it.

            The example tool was in fact a clarification that it could be any useful item at hand - and not necessarily a product from Snap-On or Craftsman formally and commonly identified as a tool.

            And yes, I seem to recall the SKS issue coming up here. This also further clarified that a regular unmodified SKS does NOT have a detachable magazine.

            I would bet that this commentary was inserted, indirectly, by various statements/comments entered into the regulatory comment submission period in 2000 when SB23 'characteristic features' were being defined. I'd not be surprised that this was actually the end result of NRA legal team analysis & pushback....

            Bill Wiese
            San Jose, CA

            CGF Board Member / NRA Benefactor Life Member / CRPA life member
            sigpic
            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.

            Comment

            • #7
              EOD Guy
              Senior Member
              • Oct 2005
              • 1229

              It is also quite common for firearms to be designed so that a cartridge tip can be used as a tool for field stripping. The regulation allows for use of this "tool."

              Comment

              • #8
                Wherryj
                I need a LIFE!!
                • Mar 2010
                • 11085

                Here's the Wiki page with the complete definition of a tool:

                "What is a moderate interpretation of the text? Halfway between what it really means and what you'd like it to mean?"
                -Antonin Scalia, Supreme Court Justice
                "Know guns, know peace, know safety. No guns, no peace, no safety.
                I like my guns like the left likes their voters-"undocumented".

                Comment

                • #9
                  Write Winger
                  Banned
                  • Oct 2009
                  • 6136

                  ^^^lol, I was waiting for something like that.

                  So how did the unmodified SKS not have a detachable mag? I'm unfamiliar with SKSs. How were mags released?

                  Comment

                  • #10
                    bwiese
                    I need a LIFE!!
                    • Oct 2005
                    • 27621

                    Originally posted by Write Winger
                    ^^^lol, I was waiting for something like that.

                    So how did the unmodified SKS not have a detachable mag? I'm unfamiliar with SKSs. How were mags released?
                    It has a fixed magazine by design.

                    There is a tilt-down mag cover for emptying rounds thru bottom that covers the actual internal magazine.



                    SKS rifles are typically top-loaded into opened action via use of stripper clips. They work well that way.

                    Bill Wiese
                    San Jose, CA

                    CGF Board Member / NRA Benefactor Life Member / CRPA life member
                    sigpic
                    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.

                    Comment

                    • #11
                      The Director
                      Veteran Member
                      • Sep 2008
                      • 2769

                      Originally posted by Wherryj
                      Here's the Wiki page with the complete definition of a tool:

                      http://en.wikipedia.org/wiki/Kevin_DeLeon
                      Zactly, bro.

                      Comment

                      • #12
                        Hoologan
                        CGN/CGSSA Contributor
                        • Feb 2010
                        • 1254

                        Originally posted by EOD Guy
                        It is also quite common for firearms to be designed so that a cartridge tip can be used as a tool for field stripping. The regulation allows for use of this "tool."
                        Yes. The SKS is a perfect example of this. The manual actually illustrates the cartridge tip being used to release the trigger group.
                        sigpic

                        Comment

                        • #13
                          DisgruntledReaper
                          Senior Member
                          • Jan 2009
                          • 1856

                          I thought we were talking about the idiots we all seem to deal with every day....and what defines them....hahahahah

                          Sorry, in a 'mood' back to topic!

                          looks like it is covered..
                          'There is no theory of evolution, just a list of creatures Chuck Norris allows to live.'

                          'I have so many good karma points I am approaching Saint Hood'

                          "They tell you of a laundry detergent that takes out bloodstains- I'm thinking that if you have clothes covered in bloodstains-maybe laundry isn't your biggest problem"

                          sigpic

                          Comment

                          • #14
                            Dreaded Claymore
                            Veteran Member
                            • May 2010
                            • 3231

                            As others and I said earlier, this rule was included to exempt the SKS with its fixed magazine, and it made the Bullet Button possible. It is for this reason that the SKS is sometimes called "the assault rifle that saved California."

                            Comment

                            • #15
                              wildhawker
                              I need a LIFE!!
                              • Nov 2008
                              • 14150

                              Originally posted by DisgruntledReaper
                              I thought we were talking about the idiots we all seem to deal with every day...
                              I thought the same thing.
                              Brandon Combs

                              I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

                              My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

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