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question about the law (detchable magazines)

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  • chokeagoat
    Junior Member
    • Sep 2011
    • 11

    question about the law (detchable magazines)

    I was reading the pdf " 2007 ca firearms laws" onhttp://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf
    and its saying "rifle that has the CAPICITY to accept a detachable magazine"
    than later it says "'Magazine' shall mean any ammunition feeding device"

    So to me it seems like if your gun can even possable hold a mag tht can detach its illegal.

    so im wondering why is the bullet button a loophole? it seems like it should be illegal
    Last edited by Librarian; 09-22-2011, 6:38 PM.
  • #2
    boxbro
    Senior Member
    • Apr 2009
    • 790

    Originally posted by chokeagoat
    I was reading the pdf " 2007 ca firearms laws" onhttp://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf
    and its saying "rifle that has the CAPICITY to accept a detachable magazine"
    than later it says "'Magazine' shall mean any ammunition feeding device"

    So to me it seems like if your gun can even possable hold a mag tht can detach its illegal.

    so im wondering why is the bullet button a loophole? it seems like it should be illegal
    Because by definition, a bullet button makes it not have the capacity to accept a detachable magazine, due to the fact that it requires a tool to remove it.

    If it can be removed without the use of a tool then it has the capacity to accept a detachable magazine.
    "Look at the tyranny of party -- at what is called party allegiance, party loyalty -- a snare invented by designing men for selfish purposes -- and which turns voters into chattles, slaves, rabbits, and all the while their masters, and they themselves are shouting rubbish about liberty, independence, freedom of opinion, freedom of speech, honestly unconscious of the fantastic contradiction....."

    "The Character of Man," Mark Twain's Autobiography

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    • #3
      chokeagoat
      Junior Member
      • Sep 2011
      • 11

      but the gun can still accept it. cant it, wether a tool is needed or not.

      thanks for the reply im just worried about getting in trouble with the law

      Comment

      • #4
        Librarian
        Admin and Poltergeist
        CGN Contributor - Lifetime
        • Oct 2005
        • 44633

        Originally posted by chokeagoat
        but the gun can still accept it. cant it, wether a tool is needed or not.

        thanks for the reply im just worried about getting in trouble with the law
        No.

        The issue is that the gun itself is modified, with the magazine locking device, so that the magazine once inserted cannot be removed without a tool. Any magazine inserted is NOT detachable, by legal definition, because it requires that tool to disassemble the magazine from the gun.

        That magazines go in and come out is not relevant; requiring the tool is.
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        • #5
          chokeagoat
          Junior Member
          • Sep 2011
          • 11

          interesting,ok. thank you guys alot. but do u know where it says anything about the tool?
          in ca legal documents?
          Last edited by chokeagoat; 09-22-2011, 6:45 PM.

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          • #6
            billybob_jcv
            Senior Member
            • Jul 2011
            • 1507

            Isn't the bullet button based on the "commonly accepted definition of detachable"? So, in other words, if you accept that "detachable" is defined as "not requiring a tool", then it follows that anything requiring a tool is "non-detachable". I suppose if someone had freakishly pointy, skinny & strong fingers, we might be in trouble...
            He who exercises no forethought but makes light of his opponents is sure to be captured by them.
            -Sun Tzu, The Art of War

            I say thank God for government waste. If government is doing bad things, it's only the waste that prevents the harm from being greater.
            -Milton Friedman

            What kind of government do you guys got here? This is worse than California.
            -Woody Allen, Sleepers

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            • #7
            • #8
              Librarian
              Admin and Poltergeist
              CGN Contributor - Lifetime
              • Oct 2005
              • 44633

              Originally posted by chokeagoat
              interesting,ok. thank you guys alot. but do u know where it says anything about the tool?
              in ca legal documents?
              Originally posted by billybob_jcv
              Isn't the bullet button based on the "commonly accepted definition of detachable"? So, in other words, if you accept that "detachable" is defined as "not requiring a tool", then it follows that anything requiring a tool is "non-detachable". I suppose if someone had freakishly pointy, skinny & strong fingers, we might be in trouble...
              It's in California Code of Regulations, Title 11 Section 5469
              The following definitions apply to terms used in the identification of assault weapons pursuant to Penal Code section 12276.1:
              (a) "detachable magazine" means 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. Ammunition feeding device includes any belted or linked ammunition, but does not include clips, en bloc clips, or stripper clips that load cartridges into the magazine.
              The problem is one has to focus on the weapon, not the magazine.

              See the wiki -- http://wiki.calgunsfoundation.org/in...able_magazines
              Last edited by Librarian; 09-22-2011, 7:05 PM.
              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

              • #9
                curtisfong
                Calguns Addict
                • Jan 2009
                • 6893

                Would wolverine's claws be considered a tool?

                Last edited by curtisfong; 09-22-2011, 7:08 PM.
                The Rifle on the WallKamala Harris

                Lawyers and their Stockholm Syndrome

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                • #10
                  chokeagoat
                  Junior Member
                  • Sep 2011
                  • 11

                  Originally posted by curtisfong
                  Would wolverine's claws be considered a tool?

                  thats awesome!!!
                  i gotta make one of those.

                  Thank you all again for the replys. im now confident that i will be relatively safe with the law.
                  also...awesome forum

                  Comment

                  • #11
                    torquefliteterror
                    Member
                    • Dec 2009
                    • 325

                    don't worry about it. it was decided along time ago in a court case. just enjoy the fruits of someone elses labor. guns and ammo magazine even put out a CALI LEGAL issue. bullet buttons and offlist guns are here to stay.

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                    • #12
                      CSACANNONEER
                      CGN/CGSSA Contributor - Lifetime
                      CGN Contributor - Lifetime
                      • Dec 2006
                      • 44092

                      Originally posted by torquefliteterror
                      don't worry about it. it was decided along time ago in a court case. just enjoy the fruits of someone elses labor. guns and ammo magazine even put out a CALI LEGAL issue. bullet buttons and offlist guns are here to stay.
                      Please cite this long ago case you speak of. I really think you are wrong here. The fact is that long ago (long before magazine locks were even a concept and there was no such thing as an OLL), the state of California defined what a detachable magazine was. They wrote the law in such a way as to exclude SKSes with normal fixed SKS mags. So, long before any case law that you might think set a precident, the written law was very clear about the legallities of mag locks including those which can release a magazine with the use of a tool.
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                      • #13
                        Librarian
                        Admin and Poltergeist
                        CGN Contributor - Lifetime
                        • Oct 2005
                        • 44633

                        I suspect he's remembering Haynie v Pleasanton -
                        However, there is now clear evidence that the California Department of Justice opines on the record that properly installed bullet buttons with 10 round or less magazines create legal AR type firearms in California.
                        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!

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                        • #14
                          CSACANNONEER
                          CGN/CGSSA Contributor - Lifetime
                          CGN Contributor - Lifetime
                          • Dec 2006
                          • 44092

                          Originally posted by Librarian
                          I suspect he's remembering Haynie v Pleasanton -
                          No charges filed means no court case. So, this obviously can't be what he's refering to. Also, that "case" wasn't "a long time ago".
                          NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
                          California DOJ Certified Fingerprint Roller
                          Ventura County approved CCW Instructor
                          Utah CCW Instructor


                          Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

                          sigpic
                          CCW SAFE MEMBERSHIPS HERE

                          KM6WLV

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