BREAKING: California Releases Assault Weapons Ban Language

[mikeyp]

https://bearingarms.com/beth-b/2017/05/19/breaking-ca-assault-weapons/

 

[Frizzle Fry]

including those weapons with an ammunition feeding device that can be readily removed from the firearm with the use of a tool (commonly referred to as a bullet-button weapon)must register the firearm

1) Aren't registries illegal under FOPA?

2) WHO THE **** CALLS IT THAT (let alone "commonly")



*edit*

18 U.S.C. 926\
No such rule or regulation prescribed [by the Attorney General] after the date of the enactment of the Firearms Owners Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Nothing in this section expands or restricts the Secretary's authority to inquire into the disposition of any firearm in the course of a criminal investigation.

 

[soloman02]

1) Aren't registries illegal under FOPA?

2) WHO THE **** CALLS IT THAT (let alone "commonly")



*edit*

18 U.S.C. 926\
No such rule or regulation prescribed [by the Attorney General] after the date of the enactment of the Firearms Owners Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Nothing in this section expands or restricts the Secretary's authority to inquire into the disposition of any firearm in the course of a criminal investigation.

Yep registries are illegal. Exception being the NFA registry.

Irony: Just like the NFA registry, ALL prohibited persons are not required to follow the new CA registration requirements nor can they be prosecuted for not registering. So once again these laws have zero to do with safety and zero to do with stopping criminals.

The fifth amendment makes sure of that.

As with many other 5th amendment cases, felons and others prohibited from possessing firearms could not be compelled to incriminate themselves through registration.[1][2] The National Firearms Act was amended after Haynes to make it apply only to those who could lawfully possess a firearm. This eliminated prosecution of prohibited persons, such as criminals, and cured the self-incrimination problem. In this new form, the new registration provision was upheld. The court held: " To eliminate the defects revealed by Haynes, Congress amended the Act so that only a possessor who lawfully makes, manufactures, or imports firearms can and must register them", United States v. Freed, 401 U.S. 601 (1971).[3] The original Haynes decision continues to block state prosecutions of criminals who fail to register guns as required by various state law gun registration schemes.

https://en.wikipedia.org/wiki/Haynes_v._United_States

 

[slugworth]

We're not far behind

 

[browncoat]

Yep registries are illegal. Exception being the NFA registry.

Irony: Just like the NFA registry, ALL prohibited persons are not required to follow the new CA registration requirements nor can they be prosecuted for not registering. So once again these laws have zero to do with safety and zero to do with stopping criminals.

The fifth amendment makes sure of that.



https://en.wikipedia.org/wiki/Haynes_v._United_States

I'm pretty sure that that law was written and is understood by courts to only disallow a federally mandated registry

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[JayMcB]

we may find out very soon just which way Gorsuch will fall on the Second Amendment

 

[Waher]

I hope their overreach backfires and all of CAs schemes get voided.

 

[Gak44]

I am hopeing that a lot of this anti sec. amd. stuff by the commie states will be tossed out by the SC, once President Trump has a couple more of his men on the court. But this is a few years away at best.

 

[EJFudd]

I am hoping that a lot of this anti sec. amd. stuff by the commie states will be tossed out by the SC, once President Trump has a couple more of his men on the court. But this is a few years away at best.

That is our last best hope. Stop it dead in Commiefornia or get ready to get ******* up the *** just as bad or worse here.

 

[Mountain]

That is our last best hope. Stop it dead in Commiefornia or get ready to get ******* up the *** just as bad or worse here.

Definitely.

The sad thing is that there are MILLIONS of CA law abiding gun owner citizens who oppose all of this. Unfortunately they are outnumbered by the libtard zombies in the densely populated areas, which in turn creates a lefty majority in the state congress. I guarantee that there will be millions ignoring the new ban and forced registration. If I lived there, NFW would I comply with the new crap laws. I can live with and get by here in Mass. If Mass goes down the path of Commiefornia, I'll either move or be non-compliant. Probably move.

 

[DispositionMatrix]

we may find out very soon just which way Gorsuch will fall on the Second Amendment

Fail, not "fall." Only the details of how he rules contrary to 2A remain to be revealed.

 

[soloman02]

I'm pretty sure that that law was written and is understood by courts to only disallow a federally mandated registry

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I haven't looked at the case law so you may be correct. Regardless, the Haynes v. US guarantees that any state registry cannot apply to criminals and they cannot be punished for violating it.

 

[browncoat]

I haven't looked at the case law so you may be correct. Regardless, the Haynes v. US guarantees that any state registry cannot apply to criminals and they cannot be punished for violating it.

Registries were never designed for criminals.

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[groundscrapers]

We need not rest on our laurels. The time is now to put the protections in place to ensure that beyond this current administration there are no threats to the second amendment.

 

[exojam]

That is ****ed. I think they just forgot to add "also add in a picture of the state poking you up the ass"!

 

[falcon123]

They did give it a proper and accurate name but they misspelled "farce".
[FONT=&quot]California Firearms Application Reporting System (CFARS).[/FONT]

 

[Waher]

Anyone want to bet the compliance level is even less than Canada's, NY's, and CT's?

 

[EC1]

Cali is going to have a lot of boating accidents.

 

[ISOTOX]

I am hopeing that a lot of this anti sec. amd. stuff by the commie states will be tossed out by the SC, once President Trump has a couple more of his men on the court. But this is a few years away at best.

Trump needs to get his ass in gear and do something....Anything!

 

[Greschner 4]

Lunacy. Written as if it was posted on NES as an April Fools joke. But that's no ****ing joke, for sure.

 

[not new guy]

**** socialists, collectivists, and so called progressive liberals. Every last one of them.

 

[yanici]

They for got to add that DNA sample will need to be given in order to register your assault weapon and a polygraph to make sure that you aren't hiding any more guns.

 

[gunofthrones]

Very good, it's time for CA to be removed from USA.

 

[not new guy]

For those too lazy to click the link, this really is pretty crazy:

In order to be legally registered, the firearm has to have been legally acquired on or before December 31, 2016.

Each gun owner would have to establish an account under the California Firearms Application Reporting System (CFARS). The following information must be provided:
Full name
Address
Telephone number
Date of birth
Sex
Height
Weight
Eye color
Hair color
Military identification number (if applicable)
CA driver’s license or identification card number
United States citizenship status
Place of birth
Country of citizenship
Alien registration number (if applicable)

The following information would have to be provided on each firearm that falls under their definition of an “assault weapon”:
Firearm type, make and model
Caliber
Firearm color
Barrel length
Serial number
All identification marks firearm
Country of origin/manufacturer
The date the firearm was acquired
The name and address of the individual from whom or business from which the firearm was acquired
Clear digital photos of firearms listed on the application.
One photo shall depict the bullet-button style magazine release installed on the firearm.
One photo shall depict the firearm from the end of the barrel to the end of the stock if it is a long gun or the point furthest from the end of the barrel if it is a pistol.
The other two photos shall show the left side of the receiver/frame and right side of the receiver/frame.

If you’re like most families, you probably share your firearms amongst yourselves. If that’s the case, each family member who will be shooting the firearm must be registered as well. One person who have to be identified as the “primary registrant,” while others must register as “joint registrants.” To be a “joint registrant” you must live at the same address as the primary registrant. Everyone who is registered must be 19 by December 31, 2017.

Only direct family members (parent to child, child to parent, spouses) are allowed to be joint registrants.

Joint registrants have to provide proof of address showing they live with the primary registrant.

You’ve gone through the above steps but wait. You’re not done yet! The CA DoJ will provide each of your firearms with a specific serial number. You must then take your firearm and your new serial number and have an FFL engrave it on your firearm.
Once the serial number is engraved on your firearm, you have to provide pictures to the DoJ showing the serial number was completed.

Pay a $15 fee per firearm to register your gun. There are no limits to the number of firearms that can be registered in a single transaction but the DoJ can deny your application for any reason.

 

[LoginName]

 

[JohnZ]

For those too lazy to click the link, this really is pretty crazy:

Yeah. A suspicious person would say that they are building a list.

ETA: What do they do with homeless people? The entire state of CA can be added to the weapon?

 

[Glockster30]

Anyone want to bet the compliance level is even less than Canada's, NY's, and CT's?

Let's hope so! Just one more step closer to confiscation. All the more reason not to comply with the law.

 

[drgrant]

Anyone want to bet the compliance level is even less than Canada's, NY's, and CT's?

I would bet it's actually slightly higher, given that a lot of these states, enforcement is porous at best. On the other hand CA has often gone out of their way to prosecute awb violators. Back when their original AWB was passed it got to the point where NV gun show vendors wouldn't sell you stuff if they knew you were from CA, because they knew that CA rats would be in the parking lot profiling CA plates, etc.

 

[JoeT]

now is the time for the land of Jefferson. Maybe 1/2 the state can still be saved

 

[enbloc]

The simple fix is a grey market sales model. Ask me no questions, I'll tell you no lies...