Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Posted: 2/9/2006 1:22:38 PM EDT
[Last Edit: 2/9/2006 1:32:20 PM EDT by kasudyo]
I got a text message from my friend on my cell phone of a *rumor* that he heard, something about a "ban" on semi-auto rifles with removable mags, like kel-tecs and mini 14s, stuff like that. He heard of this on a kel tec forum, and also http://www.hs2000talk.com/

The text of his message:

"Got wind of a possible semi auto weapon ban specifically mag style weapons like the mini or kel tec"

I asked where he heard this and got:

"hs2000talk and a kel tec forum"

I perused that forum and didn't find what he was referring to. I would assume this would be some kind of CA thing. Has anybody heard anything about this? Is DOJ going to try to widen their AW blanket?
Link Posted: 2/9/2006 1:50:52 PM EDT
Unlikely. They are certainly trying to close the AR -type loophole.

But I recall ranchers were able to exempt Minis et al from the AW ban because of the "legitimate" use of those weapons.

Seems like a great way to open a can of trouble they don't need.
Link Posted: 2/9/2006 4:47:00 PM EDT
does the doj have the power to just add whatever weapon they feel like
Link Posted: 2/9/2006 4:51:30 PM EDT

Originally Posted By 1911greg:
does the doj have the power to just add whatever weapon they feel like



Good question. Bill W, do you have an answer for that question?
Link Posted: 2/9/2006 4:57:32 PM EDT
Yes, but only in their own minds.

They can try but the courts will rip them a new one. after all, the courts may not be 2nd amend friendly, but they hate agencies trying to take power away from them even more.
Link Posted: 2/10/2006 12:30:55 PM EDT

Originally Posted By 1911greg:
does the doj have the power to just add whatever weapon they feel like



With a court add-on procedure the DOJ can add _ANYTHING_, even a bolt action SSG2000, to the Category 1 list of Assault Weapons. There currently exists a SUBSTANTIALLY probability that the DOJ will soon be updating the Category 1 list to include the following:

1. FAL clones (likely to be declared a series weapon)
2. G3 clones (also likely to be declared a series weapon)
3. SOCOM-16 and SOCOM II short barrelled M-14s
4. Kel-Tech (it's carbon fiber and looks evil)
5. M-96 (which has been mistaken for an AW in the past)

As soon as they publish the Category 4 list (which no doubt will be immediately challanged in court) they will start working to "clean up" the Category 1 list. Afterall... if they declare a pinned mag AR-15 or AK to be an "Assault Weapon" they'd look silly for not declaring pinned mag FAL and G3 clones too.
Link Posted: 2/10/2006 8:06:04 PM EDT
[Last Edit: 2/10/2006 8:06:37 PM EDT by raygunz]
The Attorney General may utilize the add-on procedure set forth in section 12276.5. but that does not mean the court will consider rifles like the SSG2000 or others assault weapons.

Why rumor monger?

12276.5.
(f) At the hearing, the burden of proof is upon the Attorney General to show by a preponderance of evidence that the weapon which is the subject of the declaration of temporary suspension is an assault weapon. If the court finds the weapon to be an assault weapon, it shall issue a declaration that it is an assault weapon under Section 12276. Any party to the matter may appeal the court's decision. A declaration that the weapon is an assault weapon shall remain in effect during the pendency of the appeal unless ordered otherwise by the appellate court.





Originally Posted By shopkeep:

Originally Posted By 1911greg:
does the doj have the power to just add whatever weapon they feel like



With a court add-on procedure the DOJ can add _ANYTHING_, even a bolt action SSG2000, to the Category 1 list of Assault Weapons. There currently exists a SUBSTANTIALLY probability that the DOJ will soon be updating the Category 1 list to include the following:

1. FAL clones (likely to be declared a series weapon)
2. G3 clones (also likely to be declared a series weapon)
3. SOCOM-16 and SOCOM II short barrelled M-14s
4. Kel-Tech (it's carbon fiber and looks evil)
5. M-96 (which has been mistaken for an AW in the past)

As soon as they publish the Category 4 list (which no doubt will be immediately challanged in court) they will start working to "clean up" the Category 1 list. Afterall... if they declare a pinned mag AR-15 or AK to be an "Assault Weapon" they'd look silly for not declaring pinned mag FAL and G3 clones too.

Link Posted: 2/11/2006 1:03:24 AM EDT
I don't think such a ban would be realistic considering the difference between a "California Legal" AR-15 and an AW is about a minute and an allen key. Therefore banning detachable mags would more than likely just open a bigger can of worms. But I'm sure it would be part of the discussion.

The whole situation right now is untenable for the DOJ without legislative changes. IMO there's going to be some pretty radical legislative changes in the near future....
Link Posted: 2/12/2006 7:17:17 PM EDT

Originally Posted By GaryH429:
I don't think such a ban would be realistic considering the difference between a "California Legal" AR-15 and an AW is about a minute and an allen key. Therefore banning detachable mags would more than likely just open a bigger can of worms. But I'm sure it would be part of the discussion.

The whole situation right now is untenable for the DOJ without legislative changes. IMO there's going to be some pretty radical legislative changes in the near future....



I have a feeling that the legislature may also wait to see what the courts say after the DOJ attempts to pull off this "Category 4" bullcrap. Also note that this is pretty below the radar, this isn't all over TV and the newspaper so the Legislature won't waste any time on it. They've already shown us they preffer the reactive approach rather than a proactive one.

It's also important to note that the legislature has taken this whole "Assault Weapons" thing to about the furthest they can push the envelope without serious backlash. There's a reason why they've never gone after detachable mag semi-autos or semi-autos in the first place.
Top Top