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Important Legal Interpretation of California .50 Caliber Ban Recently FCI was again contacted by 50shooter, who lives in California and he asked: John,Given the complexity of the gun laws in CA and the changes made since Teri & I left, I thought it prudent to ask someone who would know better than I about this. I asked 50shooter to stand by until we could get the answer and I think we now have it.
What follows is submitted by Jason Davis, an attorney in Long Beach, CA who works for
the law firm of Trutanich-Michel, LLP. For those of you not familiar with Trutanich-Michel, they are
one of the leading law firms in CA on gun rights representing gun owners and the
NRA. Jason Davis also serves as a member of the Board of Directors of FCI.
Owners Of A "Registered" "Assault Weapon" Find Relief
In commenting on a proposed anti-gun bill in October of 2004, Governor Schwarzenegger acknowledged that: "...[s]uch ambiguity in the law invites arbitrary enforcement and judicial review... Before a government exercises its power to take away one's liberty, it should be clear to every person what actions will cause them to forfeit their freedom. Instead of adding to the lengthy and complex area of firearm laws, a reorganization of the current laws should be undertaken to ensure that statutes that impose criminal penalties are easily understandable."Judges are equally confused. Perhaps California Appeals Court Justice Bedsworth, writing about another law, said it best: "At first blush, the statutes seem impenetrable. Reading them is hard, writing about them arduous, reading about them probably downright painful. The [complexity] makes for tough sledding. As Alfred North Whitehead wrote of rationalism, the effort is, itself, 'an adventure in the clarification of thought.'" Rash v. Lungren (2002) 59 Cal.App.4th 1233. In 2006, in recognition of and response to this confusion, the legislature adopted resolution ACR 73, instructing the California Law Review Commission to rewrite the laws - particularly the laws addressing firearms transfers, so that they are more easily understood. The author noted: In addition to the criminal storage laws, many other provisions of the Penal Code are very confusing. In particular, the laws relating to the transfers of firearms are lengthy, with numerous cross-references, highly fact-specific exemptions, and complex provisions. For example, Penal Code Section 12078 is 5,880 words long and occupies 11 pages if printed in a 12-point font with conventional margins. The section has cross-references to many scattered sections of other firearms provisions, some of them hundreds of sections away. The firearms laws occupy over 100 pages of an unannotated version of the Penal Code when printed in dual column in tiny print. "These areas of the law are not for legal experts only. Firearms owners, licensed dealers, and law enforcement need to be able to interpret these provisions in order to comply with the law and avoid criminal liability. Ambiguity and confusion do not promote the public policy goals that those laws were designed to accomplish. "This resolution is designed to task the CLRC, a neutral body of legal experts, with the task of seeing if they can simplify and reorganize these laws. It also includes a statement of legislative intent that when the CLRC's work is complete that it will be tasked with addressing other portions of the firearms laws.With all this confusion surrounding California's firearm laws, it is no wonder that many have overlooked a nuance that benefits registered "assault weapon" owners. In California, there are three categories of "assault weapons" under California law. The first category is firearms listed on the original Roberti-Roos "assault weapons" list (Penal Code section 12276, subds (a), (b), and (c)). The second category of "assault weapons" is AK and AR-15 series (Penal Code sections 12276 (e) and (f)) rifles that have been added to the list of "assault weapons" by the California Department of Justice ("DOJ"). The third category of "assault weapons" is defined by specific generic characteristics (PC section 12276.1, SB 23). The "assault weapon" registration periods have ended and DOJ is no longer accepting "assault weapon" registration forms. But for those who properly registered their "assault weapons" during the registration period, an opportunity to convert their firearms into .50 BMG caliber rifles in California still remains. Since January 1, 2005, the .50 Caliber BMG Regulation Act of 2004 regulates the ".50 BMG Rifles" in essentially the same manner as "assault weapons." The law generally prohibits the manufacturing, importation, sale and possession of ".50 BMG Rifles." A ".50 BMG Rifle" should not be confused with a rifle that can fire a .50 BMG Cartridge. California specifically defines ".50 BMG Rifle" as "a centerfire rifle that can fire a .50 BMG cartridge and is not already an 'assault weapon' pursuant to Penal Code sections 12276, 12276.1, or 12276.5 PC, or a machinegun as defined by Penal Code section 12200." (See Penal Code section 12278.) (These sections of law may be accessed on the DOJ's website: http://ag.ca.gov/firearms.) Thus, by definition an "assault weapon" cannot be a ".50 BMG Rifle."
What does this mean? Owners of properly "registered" AR-15 series "assault weapons" can configure
their registered lower receiver with a .50 BMG upper receiver without being subject to the .50
BMG Rifle restrictions. It is important to note, however, that all "assault weapon" restrictions
still apply.
FCI asks for your help to support our troops
Alan Gottlieb from 2nd Amendment Foundation has announced that Joe Waldron, Executive Director of the Citizens
Committee for the Right to Keep and Bear Arms, (CCRKBA) will step down as Executive Director
and take on a new job as Special Activities Director from sunny Florida. Looks like Joe
has decided to slow down a little and enjoy life. FCI would like to say thank
you to a great friend and strong supporter. As Executive Director of CCRKBA, Joe has stood
on the front lines of the gun rights battle for many years. He was a warrior
who has served us well and a man who stood out as a shining example to
all of us.
Time is running out to get involved in
FCI has introduced our best fundraiser yet. If you haven't checked out our website recently, you should do it soon. We are giving away two fine firearms
instead of one and each coupon
purchased will be used in both drawings. So if you buy one coupon
you get a chance to win either of these two fine firearms OR
BOTH OF THEM. Coupons are $25 each, but we are also continuing our
policy of giving away 5 coupons for every $100 contribution.
FCI has no other way to raise funds to support what we do. We depend on the generosity of the fifty caliber community to allow us to do the job that has to be done. If you haven't entered our current drawing, we are asking you to seriously consider it. Coupons for the drawing can be obtained by going to the FCI website at www.fiftycal.org/events.php and printing them off. Mail coupons to FCI at PO Box 1128, Choctaw, OK 73020 Best Regards to Everyone and good shooting!! The Staff at FCI! To subscribe to or unsubscribe from this e-newsletter CLICK HERE Fifty Caliber Institute - P.O. Box 1128 - Choctaw, OK 73020-1128 - Tel: (405) 769-7851 - Fax: (405) 769-3736 - Info@fiftycal.org | ||||||||||||||||||||||||
