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This was just forwarded to me. I post this to show how scary this is getting. Cops have generally been sheltered from the madness. Until now. When Sacramento starts attacking cops (Who are ultimately civilians), you can be sure EVERYONES 2nd Amendment rights will be trampled on.
California State Bill 396 - All retirees could become criminals. I checked and SB 396 has been sent to the floor. The bill needs to be amended or defeated which is why I am sending this to those who can spread the word about this bill and its ramifications.
California State Bill 396 - All retirees could become criminals
Here is the short story: The old Penal Code section regarding the prohibition on high capacity magazines (over 10 rounds) prohibited the selling, importing, exporting, loaning, transferring, manufacturing magazines. It was intentionally silent on "possession" of high capacity magazines. This was because of concerns related to seizing property without compensation. Additionally, an exception was carved out for peace officers to possess/buy high capacity magazines for the weapons they own and/or are issued. The exception for peace officers covered them into retirement as long as they possessed the magazines before retirement. That is why peace officers purchasing their duty weapon at retirement got their magazines. Most peace officers are aware of this and purchase additional magazines for the weapons they own.
SB 396 changes all of that. This Bill outlaws the possession of all high capacity magazines regardless of the date they were acquired, unless you are a full time working peace officer in this state under the authority of restricted 830.1 and .2 sections. The Bill also defines a high capacity magazine to be a magazine where the body has the ability to accept more than 10 rounds, even if it has been modified to only hold 10 rounds. It is believed that this definition was included in the Bill to prohibit an individual from obtaining a magazine of sufficient length to lock into a semi auto pistol of the size used by most people. In simple terms, outlaw the magazine = the pistol cannot function.
An attempt to write in an exemption for retired law enforcement met with failure as there is an AG's opinion (the last one Brown opined before becoming Governor) that a retired peace officer is simply that. Under the 14th amendment (equal protection clause), a retired peace officer is strictly prohibited from getting a benefit not available to an ordinary citizen (which they are).
So what this means, is if SB 396 becomes law, all retires become criminals if they have possession of any high capacity magazines, or if they have possession of any 10 round magazines that were made from a high capacity magazine, or if the magazine body is of sufficient length to hold over 10 rounds (i.e. can you lay the magazine on its side and line up more than 10 rounds double stacked).
Now the really bad part, it seems that LAPPL, CAHP, ALADS etc. were asleep at the switch on this specific Bill and are trying to play catch-up. I am being told it is probably too late, but if a large number of retirees and current peace officers contact their legislators in the next few days, we may have a chance. The Bill passed through the Public Safety Committee last week and is now on the Floor.
There are other legal ramifications under this Bill if a retired officer is caught with a magazine. They range from mandatory removal of your CCW to loss of pension benefits (if covered by PERS).
Everyone should read the text of SB 396. (http://leginfo.legislature.ca.gov/fa...201320140SB396).
To speak out and contact your State Representative, please see: http://assembly.ca.gov/assemblymembers
California State Bill 396 - All retirees could become criminals. I checked and SB 396 has been sent to the floor. The bill needs to be amended or defeated which is why I am sending this to those who can spread the word about this bill and its ramifications.
California State Bill 396 - All retirees could become criminals
Here is the short story: The old Penal Code section regarding the prohibition on high capacity magazines (over 10 rounds) prohibited the selling, importing, exporting, loaning, transferring, manufacturing magazines. It was intentionally silent on "possession" of high capacity magazines. This was because of concerns related to seizing property without compensation. Additionally, an exception was carved out for peace officers to possess/buy high capacity magazines for the weapons they own and/or are issued. The exception for peace officers covered them into retirement as long as they possessed the magazines before retirement. That is why peace officers purchasing their duty weapon at retirement got their magazines. Most peace officers are aware of this and purchase additional magazines for the weapons they own.
SB 396 changes all of that. This Bill outlaws the possession of all high capacity magazines regardless of the date they were acquired, unless you are a full time working peace officer in this state under the authority of restricted 830.1 and .2 sections. The Bill also defines a high capacity magazine to be a magazine where the body has the ability to accept more than 10 rounds, even if it has been modified to only hold 10 rounds. It is believed that this definition was included in the Bill to prohibit an individual from obtaining a magazine of sufficient length to lock into a semi auto pistol of the size used by most people. In simple terms, outlaw the magazine = the pistol cannot function.
An attempt to write in an exemption for retired law enforcement met with failure as there is an AG's opinion (the last one Brown opined before becoming Governor) that a retired peace officer is simply that. Under the 14th amendment (equal protection clause), a retired peace officer is strictly prohibited from getting a benefit not available to an ordinary citizen (which they are).
So what this means, is if SB 396 becomes law, all retires become criminals if they have possession of any high capacity magazines, or if they have possession of any 10 round magazines that were made from a high capacity magazine, or if the magazine body is of sufficient length to hold over 10 rounds (i.e. can you lay the magazine on its side and line up more than 10 rounds double stacked).
Now the really bad part, it seems that LAPPL, CAHP, ALADS etc. were asleep at the switch on this specific Bill and are trying to play catch-up. I am being told it is probably too late, but if a large number of retirees and current peace officers contact their legislators in the next few days, we may have a chance. The Bill passed through the Public Safety Committee last week and is now on the Floor.
There are other legal ramifications under this Bill if a retired officer is caught with a magazine. They range from mandatory removal of your CCW to loss of pension benefits (if covered by PERS).
Everyone should read the text of SB 396. (http://leginfo.legislature.ca.gov/fa...201320140SB396).
To speak out and contact your State Representative, please see: http://assembly.ca.gov/assemblymembers
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