Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Posted: 3/24/2006 1:35:22 PM EDT
Link Posted: 3/24/2006 1:36:21 PM EDT
Link Posted: 3/24/2006 2:02:51 PM EDT
It's only opinion for now.

The dream is still alive and well.

Link Posted: 3/24/2006 2:04:22 PM EDT
[Last Edit: 3/24/2006 2:05:21 PM EDT by ARin]
Link Posted: 3/24/2006 2:07:22 PM EDT
[Last Edit: 3/24/2006 2:14:10 PM EDT by M4-guy]
Bill Wiese, paging Bill Wiese...
Link Posted: 3/24/2006 2:25:14 PM EDT
OK, Ok Ok...

Old news. This letter has no legal force as of now - it's just a memo. It could only be active if/when a reg period opens. Many of us believe this was thrown out to try to dissuade further off-list lower sales - after all, DOJ has been threatening out-of-state mfgrs and vendors, telling them off-list lowers were illegal. If & when a reg period opens - likely now that 30,000 off-list receivers have made it into CA! - then we can seek injunctive relief as we will have 'standing'.

This memo is poorly written in several aspects, contains some technical flaws, and asserts authority unsupported by statutory law (DOJ firearms law must follow from statutory law).

The relevant penal code sections are 12280(a) and 12280(b). There is no law here banning adding/changing/deleting any features, incl. fixed or detachable magazines, to a legally-owned, registered assault weapon. For them to do this, a new definition of assault weapon would need to be codified in the actual law - which the legislature would have to do. (The current "categories" just reflect when the laws for certain types of guns passed - they do not reflect separate registration or difference in treatement.)

Note that the DOJ does not say they will pop you for making an illegal AW (12280(a)) once it's registered - they can't: the boundary to assault weapons status was crossed by DOJ themselves, not by you. When declared and registered, it became an AW due to their fiat.

Furthermore, the memo says they will enforce this "...through the registration process." Not only does this imply illegal conditional registration (if the DOJ wants conditions attached to AW use, they need to instead issue a permit, which has discretionary elements to its issuance). What they appear to be saying is that if the AW is somehow checked by an LEO for its registration status, its reg will be voided if features combinations are found on it (i.e., detachable mag + pistol grip) and then an unregistered AW charge would result (12280(b)). The problem here is that, because they can't find a legit 12280(a) violation they have to threaten you with a 12280(b) violation that has been synthesized after the fact: the reg would supposedly be voided by the arrest/inquiry - but that's after the arrest/inquiry! (e.g., the arrest triggers the crime).

AW registrations are not conditional as long as the gun was registered with the proper info, the owner is legally allowed to retain it (i.e., not arrested for a felony, etc.), and the gun is otherwise lawful (not an SBR, machinegun, etc.) They must register if a reg window is open, it is not discretionary. And there is no supporting law for creation of classes of registration or classes, tiers or levels of assault weapons.


Bill Wiese
San Jose CA

Link Posted: 3/24/2006 2:35:50 PM EDT
Link Posted: 3/24/2006 2:42:04 PM EDT

Originally Posted By ARin:
Ugh...what a cluster fuck..
so do we just ignore that memo?



For now, we wait.
If/when a reg period opens, then you'll hear of what's happening blow-by-blow on Calguns (and here).

Other measures are being attempted to force a reg period.

Bill Wiese
San Jose CA
Link Posted: 3/24/2006 6:08:28 PM EDT
Just ordered a Mega lower. Doesn't come in until next week. Hope I'm not too late.
Link Posted: 3/24/2006 8:14:36 PM EDT

Originally Posted By ARin:
Ugh...what a cluster fuck..

so do we just ignore that memo?



Are you moving here or just selling?
Link Posted: 3/24/2006 8:24:44 PM EDT
[Last Edit: 3/24/2006 8:25:25 PM EDT by ARin]
Link Posted: 3/25/2006 11:22:37 AM EDT
A few words, Is this Law!!! If not challenged there blowing smoke!!!
Link Posted: 3/25/2006 1:44:49 PM EDT
Top Top