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What Do I Do With This One?
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American soldier by choice. Made in America by the Grace of God.
So, now it is ironic that the State whittles away at the right of its citizens to defend themselves from the possible oppression of their State.
Judge Roger T. Benitez
LCM's ruled legal 3/29/2019 -
I don't currently have possession but I will disassemble and check. Does any of that affect its legal status? I want to do the right thing but would hate to turn over a firearm it that wasn't necessary.Comment
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Federal law requires that all (as of the 1968 Gun Control Act) firearms have a unique serial number. If you cannot find one on that pistol...there may be a problem. And that, you'd have to discuss with ATF. Might want to do that ahead of time so you know what your options are.American soldier by choice. Made in America by the Grace of God.
So, now it is ironic that the State whittles away at the right of its citizens to defend themselves from the possible oppression of their State.
Judge Roger T. Benitez
LCM's ruled legal 3/29/2019Comment
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I should have said...manufactured after that date...Federal law requires that all (as of the 1968 Gun Control Act) firearms have a unique serial number. If you cannot find one on that pistol...there may be a problem. And that, you'd have to discuss with ATF. Might want to do that ahead of time so you know what your options are.
The law goes into more depth than that and it would be good to make yourself aware of its contents.American soldier by choice. Made in America by the Grace of God.
So, now it is ironic that the State whittles away at the right of its citizens to defend themselves from the possible oppression of their State.
Judge Roger T. Benitez
LCM's ruled legal 3/29/2019Comment
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CA has some terrible laws. This is already illegal under general trademark laws. There's no need for the state to butt into these matters except to the extent necessary for some compelling state interest.
Assuming the law (23900 and what follows) went into effect after the late husband had already altered the marks, it's just a misdemeanor (section 23920) for possession by the widow (unless she disposes of it according to section 23925). Penal Code 23900 doesn't apply due to the prohibition against ex post facto laws.
edit: Actually, she's probably not even liable for the misdemeanor because the liability in section 23920 requires the person to have "knowledge of any change ... [to have] in possession... [the firearm]." Does she even know her late husband altered the maker's name? If she doesn't know (doesn't have "knowledge of any change") then the liability doesn't exist.Last edited by GunEnthusiast1; 10-02-2020, 3:11 AM.Comment
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And now the OP has "received" it and has "knowledge" and "constructive possession"...CA has some terrible laws. This is already illegal under general trademark laws. There's no need for the state to butt into these matters except to the extent necessary for some compelling state interest.
Assuming the law (23900 and what follows) went into effect after the late husband had already altered the marks, it's just a misdemeanor (section 23920) for possession by the widow (unless she disposes of it according to section 23925). Penal Code 23900 doesn't apply due to the prohibition against ex post facto laws.
edit: Actually, she's probably not even liable for the misdemeanor because the liability in section 23920 requires the person to have "knowledge of any change ... [to have] in possession... [the firearm]." Does she even know her late husband altered the maker's name? If she doesn't know (doesn't have "knowledge of any change") then the liability doesn't exist.American soldier by choice. Made in America by the Grace of God.
So, now it is ironic that the State whittles away at the right of its citizens to defend themselves from the possible oppression of their State.
Judge Roger T. Benitez
LCM's ruled legal 3/29/2019Comment
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This is actual possession (the firearms are physically in the OP's custody). "Constructive possession" is a sort of legal fiction where you could be deemed to legally "possess" something despite not having physical possession of the items. Edit: agreeing with you that OP could possibly be committing a misdemeanor according to the law.
This is a ****ty law that is completely unconstitutional because it violates the "Takings" Clause. The firearms were legal one day, and then illegal the next day. The law forces a forfeiture of the firearms without any compensation to the widow.
Confiscating firearms because someone marked up the firearm? That's ridiculous.
Just as a reminder, the "large capacity magazines" (i.e., normal capacity magazines in any free state), was also deemed a "taking" by Judge Benitez.Last edited by GunEnthusiast1; 10-02-2020, 5:01 PM.Comment
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I watched a video where a Pilipino made a 1911 knock off from a block of Aluminum all by hand. Apparently he has been making them for years.
Found it
Last edited by 71MUSTY; 10-02-2020, 5:03 PM.Only slaves don't need guns
We stand for the Anthem, we kneel for the crossOriginally posted by epilepticninjaAmericans vs. Democrats
We already have the only reasonable Gun Control we need, It's called the Second Amendment and it's the government it controls.
What doesn't kill me, better runComment
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