Thoughts multiple rifle sales reporting
David Codrea has some thoughts.
Concerns over the possible BATF redefining 'detachable magazine' to affect (i.e., risk make illegal) California BulletButton-style AR/AK rifles are misplaced.
The regulatory definition of 'detachable magazine' is in CA regulatory code, 11 CCR 5469(a), and this is the definition that directly applies to the 12276.1PC statutory definition of generic assault weapon. (The BulletButton system is a latching 'maglock' device that requires a tool, and not just a finger, to be used to remove the magazine - thus making such maglocked mags legally nondetachable per CA law even if they are removable!)
Even if BATF were to say a detachable magazine is something different, it will not affect the CA regulatory definition.
San Jose CA
Posted by: Bill Wiese at January 24, 2011 12:32 PM
"Even if BATF were to say a detachable magazine is something different, it will not affect the CA regulatory definition."
Of course the ATF gives CA cover if CA wants to CHANGE their definition. After all they will just be bring the State definitions into agreement with the Fed definitions.
Posted by: Dan Hamilton at January 24, 2011 02:10 PM
I rarely comment about other states' gun law details because - being from CA - I'm not informed as to the operation of their laws & regulations at a deep level. That policy would serve you as well, as you're either not from CA or don't understand its regulatory restrictions.
CA *cannot* change its regulatory definition of 'detachable magazine' as any such change would result in massive redefinitions of what an assault weapon is - and cause a cascade of 'underground regulation' which is prohibited by CA law. (Regulatory scope cannot exceed/broaden the statute.)
There are also issues with other guns that have been approved by CA DOJ as non-AWs which have fixed/nondetachable mags, and the whole "detachable magazine SKS is an AW but regular SKSes are not" issue also factors in big-time.
There would be a whole cascade of confusion, with risk of either CA being forced to register these guns as fully-capable (i.e, not maglocked) AWs - or even compensated buybacks or compensated modifications. CA DOJ tried this in 2006 and it was challenged and died. They know the risks and will let sleeping dogs lie. The woman who tried this (Deputy AG Alison Merrilees) was essentially booted from the DOJ under former AG Jerry Brown and is now a legislative aide - and she has publicly told many folks now that she's tired of the gun issue as it's "worn her out."
San Jose CA
because it will trigger a
Posted by: Bill Wiese at January 24, 2011 05:50 PM