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  • taperxz
    I need a LIFE!!
    • Feb 2010
    • 19395

    Mag magnet as a tool?

    If Yee reduces his bill to JUST the mag magnet, what are the chances of this going to court to show that the MM is still a tool?


    Sure it temporarily attaches itself but so do "C clamps" as well as vise grips, vises, wood clamps ect. ALL considered tools. They just have different applications.
  • #2
    foxtrotuniformlima
    Veteran Member
    • Nov 2008
    • 3443

    I think the issue is that the use of a Mag Magnet inside CA on a non-RAW rifle is already a crime under SB23. Do we need another law that says the same thing ? ( The answer is no BTW )
    Anyone press will hear the fat lady sing.

    Originally posted by Vin Scully
    Don't be sad that it's over. Smile because it happened.
    Originally posted by William James
    I cannot allow your ignorance, however great, to take precedence over my knowledge, however small.
    Originally posted by BigPimping
    When you reach the plateau, there's always going to be those that try to drag you down. Just keep up the game, collect the scratch, and ignore those who seek to drag you down to their level.
    .

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    • #3
      taperxz
      I need a LIFE!!
      • Feb 2010
      • 19395

      Originally posted by foxtrotuniformlima
      I think the issue is that the use of a Mag Magnet inside CA on a non-RAW rifle is already a crime under SB23. Do we need another law that says the same thing ? ( The answer is no BTW )
      Other than your speculation. Show me proof

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      • #4
        bigdawg86
        Veteran Member
        • Mar 2012
        • 3554

        ***DEVILS ADVOCATE TALK*** Magnetism is actually something that could be defined as an "act if god" which is partially defined as "caused by natural forces without any human interference". There is no mechanical attachment... just because your car is being held to the pavement via gravity nobody would ever say that it is attached would they? Somebody call up Steven Hawking... he will put this dilemma to rest.

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        • #5
          taperxz
          I need a LIFE!!
          • Feb 2010
          • 19395

          Originally posted by bigdawg86
          ***DEVILS ADVOCATE TALK*** Magnetism is actually something that could be defined as an "act if god" which is partially defined as "caused by natural forces without any human interference". There is no mechanical attachment... just because your car is being held to the pavement via gravity nobody would ever say that it is attached would they? Somebody call up Steven Hawking... he will put this dilemma to rest.
          There are certainly many tools that are magnetized

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          • #6
            Peter.Steele
            Calguns Addict
            • Oct 2010
            • 7351

            Originally posted by bigdawg86
            ***DEVILS ADVOCATE TALK*** Magnetism is actually something that could be defined as an "act if god" which is partially defined as "caused by natural forces without any human interference". There is no mechanical attachment... just because your car is being held to the pavement via gravity nobody would ever say that it is attached would they? Somebody call up Steven Hawking... he will put this dilemma to rest.



            This is an intriguing line of speculation.

            I seriously doubt that it will ever go anywhere that we want it to go, but it is very interesting, all the same.
            NRA Life Member

            No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer.

            sigpic

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            • #7
              Oneaudiopro
              Senior Member
              • Nov 2011
              • 1158

              Hmmm

              Originally posted by taperxz
              Other than your speculation. Show me proof
              Unless there have been arrests recently, I only know of one arrest for having a mag-magnet and the DA declined to prosecute the case. It has never been scrutinized in our courts yet so its anyones guess on what the outcome might be. I personally wouldn't own any gun with a BB, but for those that do, the risk is all yours.
              "When injustice becomes law, resistance becomes duty"

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              • #8
                taperxz
                I need a LIFE!!
                • Feb 2010
                • 19395

                Originally posted by Oneaudiopro
                Unless there have been arrests recently, I only know of one arrest for having a mag-magnet and the DA declined to prosecute the case. It has never been scrutinized in our courts yet so its anyones guess on what the outcome might be. I personally wouldn't own any gun with a BB, but for those that do, the risk is all yours.
                You need to re read the OP. if Yee gets the mag magnet ruled illegal, (SB 249) can this be taken to court to over turn the law showing that the MM IS a tool and thus legal to use. There are many tools that are used that are magnetized or actually attach themselves to the job at hand.

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                • #9
                  ohnozombeez
                  Senior Member
                  • May 2012
                  • 536

                  My heads spinning with everyone's speculation......I at first tried to understand and 'get' what in the world he's trying to take away from us. Also from what I understand he's trying to get us to handover our $800+ weapon with no kind of compensation. Hhmmm.....I wonder how many will follow that???? On a different note.....You guys said 'tool'!!!!

                  Comment

                  • #10
                    kf6tac
                    Senior Member
                    • Aug 2009
                    • 1779

                    Originally posted by taperxz
                    You need to re read the OP. if Yee gets the mag magnet ruled illegal, (SB 249) can this be taken to court to over turn the law showing that the MM IS a tool and thus legal to use. There are many tools that are used that are magnetized or actually attach themselves to the job at hand.
                    My guess would be that the court would say that the legislature can define "tool" however it wants. Kind of like how the current regulations can say that a magazine that can be removed with a tool is not considered detachable, even though it still detaches in the regular sense of the word.


                    Statements I make on this forum should not be construed as giving legal advice or forming an attorney-client relationship.

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                    • #11
                      Shotgun Man
                      Veteran Member
                      • Oct 2007
                      • 4053

                      Originally posted by kf6tac
                      My guess would be that the court would say that the legislature can define "tool" however it wants. Kind of like how the current regulations can say that a magazine that can be removed with a tool is not considered detachable, even though it still detaches in the regular sense of the word.
                      Sure, but the legislature has not defined tool, so a court should use the common, ordinary meaning.

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                      • #12
                        BigDogatPlay
                        Calguns Addict
                        • Jun 2007
                        • 7362

                        Possession of a Mag Magnet is not illegal now, only the use of it on a mag locked rifle. Labeling the device itself illegal now is not correct. It is, really, a 'tool' under the definition of the regulations now, IMO. It's magnetic property alone sets it apart because it can be 'attached'. If all mag releases were made of non-ferrous metal it wouldn't be an issue.

                        Based on the intrinsic property of magnetism, and the clear intent of the design, I doubt that a court would find in our favor were the Mag Magnet to be banned outright and we were to challenge on the grounds proposed.
                        -- Rifle, Pistol, Shotgun

                        Not a lawyer, just a former LEO proud to have served.

                        Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison

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                        • #13
                          phrogg111
                          Senior Member
                          • Jan 2012
                          • 750

                          Well, when I talked to the forest rangers when they were harassing me (not today, but a month or so ago), they said they'd already confiscated 6 rifles before they even reached us. They said a few of them had mag magnets, and the gun shop that told my friend to buy a mag magnet for his AR build was dead wrong.
                          Hunting is a loophole in the 2nd Amendment to the Bill of Rights.

                          There is no privilege to keep and bear arms.

                          Arms are for killing people. All other uses of an arm are illegitimate uses.

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                          • #14
                            FairfaxCA
                            Member
                            • Feb 2012
                            • 217

                            Checkout my MAGNETIC earring made by Solar Tactical. If it's an earring it's not a bullet button

                            Last edited by FairfaxCA; 07-04-2012, 6:20 PM. Reason: Incomplete

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                            • #15
                              SA227driver
                              Senior Member
                              • Jun 2010
                              • 1373

                              Originally posted by ohnozombeez
                              My heads spinning with everyone's speculation......I at first tried to understand and 'get' what in the world he's trying to take away from us. Also from what I understand he's trying to get us to handover our $800+ weapon with no kind of compensation. Hhmmm.....I wonder how many will follow that???? On a different note.....You guys said 'tool'!!!!
                              Who said anything about handing over weapons to authorities. No way is that happening. I'll find a good friend with a safe in a neighboring free state before turning in anything.
                              NRA, CGF, GSSF, SAF member
                              Certified Glock Armorer 2011, 2016

                              "Praise be to the LORD my Rock, who trains my hands for war, my fingers for battle. -Psalm 144:1

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