Mens rea under Calif. gun law
Here's a discussion of a recent California Supreme Court ruling on the state of mind required under one provision of its gun laws, which ban possession of a rifle with overall length under 26 inches. (Defendant had a rifle 24" overall). The question was whether defendant had to know that the overall length was under 26". The California court rules:
1. The statute requires that Defendant know the gun was under the limit, but
2. This is satisfied by proof that he must have known the gun was "unusually short," and a 24 inch rifle is just that.
(2) appears to contradict, or at least defeat (1).... but that's caselaw for you.
All giraffes are taller than a chipmunk.
My dog is taller than a chipmunk.
Therefore, it follows that my dog is a giraffe.
OK, I guess if it gets you the result you were absolutely determined to get all along, but I'm still left with some nagging doubts.
Posted by: Ken at May 16, 2006 09:47 PM