Cali High-Cap Magazine Ban Unconstitutional

TacoMac

TacoMac

Well-Known Member
Observe & Report said:
Seems like it was a pretty big issue to Susan Gonzales, Feng Zhu Chen, and Melinda Herman. Rights are always an issue, that's why it is being litigated in federal court.
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First off, it only effected assault rifles and specialized semiautomatic weapons, which make up the vast minority of guns.

Secondly, it didn't even effect all of them.

The ban only applied to guns that came with a factory capacity of 10 or less.

So if you bought a 30.06 semiautomatic with a 6 round capacity, you weren't allowed to buy a clip to expand it to any more than 10.

Or, if you bought a standard 15 round 9mm pistol, you couldn't upgrade it either.

The only people pissed off were idiots that for some reason couldn't hit what they were shooting at with 16 rounds so they wanted to up it to 30.

That, of course, is a very small minority of gun owners.
 
Fogdog

Fogdog

Well-Known Member
TacoMac said:
First off, it only effected assault rifles and specialized semiautomatic weapons, which make up the vast minority of guns.

Secondly, it didn't even effect all of them.

The ban only applied to guns that came with a factory capacity of 10 or less.

So if you bought a 30.06 semiautomatic with a 6 round capacity, you weren't allowed to buy a clip to expand it to any more than 10.

Or, if you bought a standard 15 round 9mm pistol, you couldn't upgrade it either.

The only people pissed off were idiots that for some reason couldn't hit what they were shooting at with 16 rounds so they wanted to up it to 30.

That, of course, is a very small minority of gun owners.
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That's not what the judge said.

Radical judges and radical gun owners are going to force rational people to amend the constitution to emphasize "regulate" in the 2nd.
 
Lord Kanti

Lord Kanti

Well-Known Member
TacoMac said:
First off, it only effected assault rifles and specialized semiautomatic weapons, which make up the vast minority of guns.

Secondly, it didn't even effect all of them.

The ban only applied to guns that came with a factory capacity of 10 or less.

So if you bought a 30.06 semiautomatic with a 6 round capacity, you weren't allowed to buy a clip to expand it to any more than 10.

Or, if you bought a standard 15 round 9mm pistol, you couldn't upgrade it either.

The only people pissed off were idiots that for some reason couldn't hit what they were shooting at with 16 rounds so they wanted to up it to 30.

That, of course, is a very small minority of gun owners.
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Somebody has been lacing your weed, man. Holy fuck.
 
TacoMac

TacoMac

Well-Known Member
Lord Kanti said:
Somebody has been lacing your weed, man. Holy fuck.
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It's a fact. The same law exist is several different states. It only applies to increasing a factory issued clip size and nothing more. The only people butt hurt over it were assault rifle / uzi / Mac 10 owners. Nobody else gave a damn. I certainly didn't. It had no effect whatsoever on any weapon I own, or ever have.
 
Observe & Report

Observe & Report

Well-Known Member
TacoMac said:
It's a fact. The same law exist is several different states. It only applies to increasing a factory issued clip size and nothing more. The only people butt hurt over it were assault rifle / uzi / Mac 10 owners. Nobody else gave a damn. I certainly didn't. It had no effect whatsoever on any weapon I own, or ever have.
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You are wrong. You could read the link I posted and relieve yourself of your ignorance though.

Section 32310 states:
(a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and
in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in
this state who manufactures or causes to be manufactured, imports into the state, keeps
for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-
capacity magazine is punishable by imprisonment in a county jail not exceeding one year
or imprisonment pursuant to subdivision (h) of Section 1170.
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It was a ban on sale or transfer of any mags over 10 rounds and "imports into the state" means if you go on a hunting trip out of state (assuming it is legal to import them into that state!) you can't bring back your high capacity magazines.

The court found that people have the need and right to buy firearms with more than ten round magazines so the law is null and void. It's hard to exercise your right to keep and bear arms if you can't buy them.
 
TacoMac

TacoMac

Well-Known Member
Observe & Report said:
It was a ban on sale or transfer of any mags over 10 rounds and "imports into the state"
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But all existing were grandfathered in and were not effected in any way by the new law. It ONLY effected NEW gun owners of high capacity weapons, which, again, is a small minority of gun owners.

Read more. Post less.
 
Observe & Report

Observe & Report

Well-Known Member
TacoMac said:
But all existing were grandfathered in and were not effected in any way by the new law. It ONLY effected NEW gun owners of high capacity weapons, which, again, is a small minority of gun owners.

Read more. Post less.
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A few posts ago you said "It only applies to increasing a factory issued clip size and nothing more." You are still wrong, however. Here is more of the law:

(c) Except as provided in Article 2 (commencing with Section 32400) of this chapter and
in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing
July 1, 2017, any person in this state who possesses any large-capacity magazine,
regardless of the date the magazine was acquired, is guilty of an infraction punishable by
a fine not to exceed one hundred dollars ($100) per large capacity magazine, or is guilty
of a misdemeanor punishable by a fine not to exceed one hundred dollars ($100) per
large-capacity magazine, by imprisonment in a county jail not to exceed one year, or by
both that fine and imprisonment.
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You see, it was a total ban on high capacity magazines. You don't know what you're talking about but that never seems to stop you. You should take your own advice to "Read more. Post less."
 
TacoMac

TacoMac

Well-Known Member
Observe & Report said:
wrong again, try reading more, posting less.
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*sigh*

With limited exceptions, it is illegal to give; lend; manufacture; import; or keep, offer, or expose for sale large capacity magazines in California (Cal. Penal Code § 32310). But the law does not ban possession.
​
For the reading impaired, that means if you already have one, you're OK. If you don't, you can't get one.

​
 
Fogdog

Fogdog

Well-Known Member
TacoMac said:
*sigh*

With limited exceptions, it is illegal to give; lend; manufacture; import; or keep, offer, or expose for sale large capacity magazines in California (Cal. Penal Code § 32310). But the law does not ban possession.
​
For the reading impaired, that means if you already have one, you're OK. If you don't, you can't get one.

​
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"sigh," I like that petulant bitchy complaint. Too funny. So, what part of the following portion of text extracted from that law do you not understand?

commencing July 1, 2017, any person in this state who possesses any large-capacity magazine,
regardless of the date the magazine was acquired, is guilty of an infraction punishable by
 
Observe & Report

Observe & Report

Well-Known Member
TacoMac said:
*sigh*

With limited exceptions, it is illegal to give; lend; manufacture; import; or keep, offer, or expose for sale large capacity magazines in California (Cal. Penal Code § 32310). But the law does not ban possession.
​
For the reading impaired, that means if you already have one, you're OK. If you don't, you can't get one.

​
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You're still wrong. Read the actual law contained in the order I posted and not some random shit you googled up. I even quoted it for you earlier in the thread. You obviously have never seen it. Here is a relevant quote for you to ignore again:

Except as provided in Article 2 (commencing with Section 32400) of this chapter and
in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing
July 1, 2017, any person in this state who possesses any large-capacity magazine,
regardless of the date the magazine was acquired, is guilty of an infraction punishable by
a fine not to exceed one hundred dollars ($100) per large capacity magazine, or is guilty
of a misdemeanor punishable by a fine not to exceed one hundred dollars ($100) per
large-capacity magazine, by imprisonment in a county jail not to exceed one year, or by
both that fine and imprisonment.
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It didn't matter when you bought the mag, that is what "regardless of the date the magazine was acquired" means. The next paragraph orders you to remove them from the state, sell them to a licensed firearms dealer, or turn them in to law enforcement for destruction.
 
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