Most of you probably know of the bust of M&N Armory located in Fremont (specfically the owner who name is Norm, I believe). This company routinely has tables at the local gunshows including Crossroads and TS. Locals may recognize him as the guy who had the "good stuff" with hacked-off pistol grips. Or the guy who was first to retail the FAB-10.
My question does anyone have information or has contacted Norm? I'm interested in this case because I believe that it could be the first real test of Lockyer's regulation 978.20(d):
"pistol grip that protrudes conspicuously beneath the action of the weapon" means a grip that allows for a pistol style grasp in which the web of the trigger hand (between the thumb and index finger) can be placed below the top of the exposed portion of the trigger while firing.
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Many of us from CA will recognize that this regulation is the remaining reason why we don't see AR-type lowers for sale without the pistol grip in this state unlike the FALs.
The potential challenge comes from the significant deviation from the law this regulation derives it's authority from, IMO:
12276.1. (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
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The problem that Lockyer has and something that can be overturned on a good legal challenge (IMO) is that Lockyer is trying to change the wording in the law of "conspicuously" (meaning "obvious to the eye or mind") into being "inconspicuously" (meaing " not readily noticeable"). The challenge is that the legislative and executive branches purposefully passed the law with understanding what the laymen term of "conspicuously" means; and that Lockyer is legislating "inconspicuously" illegally.
Now if you read Lockyer's regulation again, notice that even an M1A or M1 Garand would fall under this catagory as the trigger guard can function as the AR-style trigger guard... allowing a pistol style grasp.
The NRA complained of this exact thing when Lockyer floated the regulation. However, the NRA did nothing significant in court that I'm aware of.
Finally, my thoughts on this is pure speculation at this point as I have no more information than the press release that was floating around. However, if this is the main reason for the bust of M&N Armory, I would like to see some of our contributed legal defense dollars to go this (like some of the $1K I gave to SAF.org and $700 to NRA) this past year.
Thoughts?