So, I've been reading the bill text and I have a question.
The bill states:1) A person may not manufacture, possess, distribute, import, transfer, sell, offer for sale, purchase, or otherwise transfer a large capacity magazine except as specifically authorized.
Comment: this is the ban text. The bad part.
Then there is this exception. The ban does not apply to the following: 2) any person who legally possessed the large capacity magazine prior to the effective date of this law;
Comment: This means the owners prior to the ban have their mags grandfathered to them and all the words in the ban text do not apply. The original owner is not restricted by the ban, if they owned them legally. If they are not subject to the ban (item 1), then they should be able to sell, trade, transfer (i.e. give away), or "will" the magazines, to someone. Correct?
AND:
3) any person who inherits the large capacity magazine on the death of the former owner who legally possessed it;
Comment: This is also an exemption to the ban. This seems to verify my comment, to 2 above.
Here is the sticky wicket. This might be saying that only the original owner has this exemption. However, let's look at this case.
Say I "will" the magazine to my daughter or a friend. And this happens after July 1st. According to item 2 above, they would also have the exemption in item 3, according to the text. That text exempts them from the ban.
My Logic:
* I own it legally, prior to July 1st.
* I pass away, and "will" it to someone. Allowed by implication in #3. I legally possessed it prior to July 1st.
* The person I "will" it to, got it legally. They got it by legal "will". And item 3 says the ban doesn't apply to them.
* Therefore, if the ban doesn't apply to them, they too should be able to sell, transfer, "will" the magazine.
* The ban exempts original owner, AND people who in inherits a mag, if it was legally owned by the previous ower
* In the hyphthetical, that is the case.
* All the 2nd exemption does is void the ban to anyone who gets a pre-ban mag by willing
In the case of "selling" or "transfering" or "giving away" which would be legal, if the ban text doesn't apply to the original owner. But "willing" seems to be legal, over and over, as long as all the owners legally owned a high capacity mag. However, if you were given or bought the mag from a legal owner, the exemptions don't apply to you, since you got it after July 1st. "willing" has no comments about date of acquisition. Only that it was legal, and the previous owner got it legally
I'm wonding if this is a loophole, bad reading of the text, or correct. I can't find anything wrong, so far, with my logic.
Comments.
High Capacity Ban TextUpdate 2: I just saw this.
A person who legally possessed the large capacity magazine prior to the effective date of
this law, or other person who legally inherits a large capacity magazine must comply with
the following:
• the person must not sell or transfer the magazine to any other person in this state other
than a licensed dealer, federally licensed gunsmith for repair, or to a law enforcement
agency for permanent relinquishment; and
• the person must possess the large capacity magazine only on property owned or
controlled by the person, at a licensed shooting range, during lawful outdoor
recreational activity such as hunting, and in transit to and from those locations
provided the large capacity magazine is stored unloaded and in a separate locked
container during transport
That still doesn't rule out "willing" unless willing is also transfering . That would still give my magazines approximately 80 more years, to including willing one time. Then they could be sold to someone out of state. By then they should be ancient collector items. :)
It also looks like the high cap magazines can't be used for self-defense, unless attached at one of the places listed.
Question 2ish: This would seem to say, if I go fishing or hiking, a lawful activity, I can't carry the magazines for self-defense purposes.
Is that the way everyone reads it?