Weston White
Member
- Joined
- Nov 16, 2007
- Messages
- 4,956
Where am I missing this? I cannot find any actual definition of a large-capacity magazine, only references to it as a legal term...The closest thing is at PC 32406(f), which just describes certain weapons w/ 10-round magazine exceptions from 2000.
Reference to: https://codes.findlaw.com/ca/penal-code/pen-sect-32310/
If it is not defined in law how is this statute at all enforceable?
...As a side thought, is it not a valid legal argument that the Legislature cannot arbitrary define what constitutes a LCM? Meaning that if the firearm manufacturer made the standard issue magazine fed weapon retain a set number of rounds, e.g., 8, 10, 12, 16, 17, etc., then whatever number of rounds equal or below that engineered amount of rounds could not be defined as being a "large capacity," for this would only become the case if one were to use an aftermarket magazine that extends beyond or in excess of the standard design of the firearm, e.g., extending beyond the mag well in a handgun, or a drum-mag for a tactical rifle. Anything else would just be the standard, intended capacity.
...In addition, such laws are XIV Amend. violations, because the Legislature has an established pattern and practice of carving out explicit exceptions for LEO and LEO retired personnel, be it for firearms, magazines, machine guns, using cellphones while driving, court issued restraining orders, etc., etc., etc. California has, as a result, become a neo-feudalistic society.--the police are as the knights riding under the king's authority or the samurai of the emperor.
Reference to: https://codes.findlaw.com/ca/penal-code/pen-sect-32310/
If it is not defined in law how is this statute at all enforceable?
...As a side thought, is it not a valid legal argument that the Legislature cannot arbitrary define what constitutes a LCM? Meaning that if the firearm manufacturer made the standard issue magazine fed weapon retain a set number of rounds, e.g., 8, 10, 12, 16, 17, etc., then whatever number of rounds equal or below that engineered amount of rounds could not be defined as being a "large capacity," for this would only become the case if one were to use an aftermarket magazine that extends beyond or in excess of the standard design of the firearm, e.g., extending beyond the mag well in a handgun, or a drum-mag for a tactical rifle. Anything else would just be the standard, intended capacity.
...In addition, such laws are XIV Amend. violations, because the Legislature has an established pattern and practice of carving out explicit exceptions for LEO and LEO retired personnel, be it for firearms, magazines, machine guns, using cellphones while driving, court issued restraining orders, etc., etc., etc. California has, as a result, become a neo-feudalistic society.--the police are as the knights riding under the king's authority or the samurai of the emperor.
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