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3/20/2017 5:03:23 PM
Posted: 6/17/2001 10:28:27 AM EDT
Those who do not live in CA are careful not to sell mags > 10 rounds to those in CA. But why do they care? Wouldn't the buyer have to deal with the violation of the law? What could possibly happen to the seller? Seems like non-Kalifornians are obeying a law that has nothing to do with them.
Link Posted: 6/17/2001 12:18:09 PM EDT
[Last Edit: 6/17/2001 12:16:18 PM EDT by cyrax777]
becouse the seller can get nailed on a conspercy charge or something like that that and part of the law says "import" by sending a mag > 10 rounds to someone in Ca that would be importing
Link Posted: 6/18/2001 5:38:13 AM EDT
FFL holders are obligated to comply with the laws of all states. A licensee who shipped a high cap mag to California could get his or her FFL revoked and possibly face federal prosecution. A private individual who mailed one to CA would probably not be prosecutable by the feds and definitely not by CA, but the recipient could get charged by the state with importing an illegal magazine.
Link Posted: 6/18/2001 9:08:43 AM EDT
Link Posted: 6/18/2001 2:46:31 PM EDT
Sorry, folks... Even if you're outside of Kalifornia and send in a hicap, you could (theoretically) be charged. California's ARB (Air Resources Board) has busted lotsa folks - at least civilly - for aftermarket performance auto parts sold into Kalifornia from outta state without the requisite "For off road use only" or "Not legal for sale or use in California on pollution-controlled motor vehicles". Now, whether they'd wanna pay the extradition fee for 1 hicap sale? Dunno... but just remember you can be charged by another state, even when never in that state, if you do some biz that somehow crosses its state lines. -Bill San Mateo, CA
Link Posted: 6/18/2001 4:33:55 PM EDT
Originally Posted By bwiese: Sorry, folks... Even if you're outside of Kalifornia and send in a hicap, you could (theoretically) be charged. California's ARB (Air Resources Board) has busted lotsa folks - at least civilly - for aftermarket performance auto parts sold into Kalifornia from outta state without the requisite "For off road use only" or "Not legal for sale or use in California on pollution-controlled motor vehicles". Now, whether they'd wanna pay the extradition fee for 1 hicap sale? Dunno... but just remember you can be charged by another state, even when never in that state, if you do some biz that somehow crosses its state lines. -Bill San Mateo, CA
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Bill that is an interesting analogy. Do you have case names that I could pull up on Westlaw? I have to say at this point I don't believe it. The FFL restriction, that makes sense. But the idea that a private person can be punished (or in your example sued and then then the judgement collected) by a state other than where he is physically present WITHOUT the state invoking a federal staute seems impossible. If it was possible, why aren't the states with strict obscenity laws suing webmasters whose site is accessible to citizens of that state? What I was looking for is a federal law that these sellers invoke or is this just a case of voluntary cooperation with "gun grabbers"?
Link Posted: 6/19/2001 6:03:56 PM EDT
Hi, NoFFL... > that is an interesting analogy. Do you > you have case names that I could pull > up on Westlaw? Sorry, no. Just aware of that because of the business and what out of state vendors were advertising (even if they had no in-state presence like an office, etc.) > I have to say at this point I don't believe > it. But the idea that a private person can > be punished (or in your example sued and > then then the judgement collected) by a > state other than where he is physically > present WITHOUT the state invoking a federal > staute seems impossible. If you do biz, etc in a state - even if not physically present - then you're subject to such state laws. Calif can't stop you from owning a hicap mag in NV. But they can stop you from sending it to CA - or at least prosecute you for doing so. Of course not a lawyer but even if there were no criminal violation, there still could be a civil lawsuit for, at minimum, cease & esist. Do you think CDNN & Tapco won't sell mailorder hicap mags to CA because they love Grey Davis & Don Perata? Or because, out of the goodness of their hearts, "... it's for the children?" It's not even about them avoiding legal entanglements & court time: they can bust you, and states are bound (by agreement/compact) to honor each other's arrest warrants. [Although if it's minor - like traffic - nobody may wanna pay to haul you back.] > If it was possible, why aren't the states > with strict obscenity laws suing webmasters > whose site is accessible to citizens of that > state? Already happened! A Fremont, CA couple was busted by some hick Bible-thumper prosecutor in Tennesee (?) because a TN resident could dial in to their BBS [before the web was a daily use thing] where 'offensive' material was ept, 'violating' community standards. Made the news. Can't remember outcome, appeal, etc. Think they got sent to the hoosegow for awhile. It's a lost cause now though because of the number of sites on the web. > What I was looking for is a federal law > that these sellers invoke or is this just > a case of voluntary cooperation with "gun > grabbers"? Not a federal law. Agreement between states; states honor each other's laws - not internally, of course, but certainly externally. Guns are a very very very minimal thing here; these compacts have existed for years. Even with mail order sales - theoreically the Calif buyer is supposed to file papers to pay sales tax for outta state purchases from sales tax-free states. Tremendous burden to do so, and there was a massive outcry from mail order vendors so that's on the shelf for now... -Bill San Mateo, CA New posts since last logon. Active topic. ( 50 replies or more.) Locked topic.
Link Posted: 6/19/2001 8:49:50 PM EDT
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