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Thread: The completed weapon- an arguement to forward "Heller" in California

  1. #1
    State Pioneer ConditionThree's Avatar
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    In D.C., residents werent allowed handguns and could notpossess assembled and functional firearms in their homes. The Heller ruling makes such bans unconstitutional.

    In California, we are being told by some authorities that ammunition in the proximity of the firearm is a 'loaded weapon', and thus a violation of the law. In reality, 12031 bans the assembly of a operational firearm by criminalizing possession of a firearm that is loaded- that is to say ammunition attached to a firearm in a position to fire.

    Now if a firearm cannot operate without ammunition, and the ammunition is an integral part of the mechanism of a firearm- how is12031 different than D.C.'s ban on assembled firearms in the home? More specifically, when is the weapon completed? Is a firearm nothing but paperweight without ammunition? Isnt a firearm only completed when ALL of the parts are assembled in a position to function as it was designed.



    I'm wondering if this could be successfully argued.... thoughts?
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  2. #2
    Founder's Club Member MudCamper's Avatar
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    There's been lots of talk over on CalGuns that 12031 is on the short list of things to challenge after the SF and Chicago suits get Heller incorporated.

    http://www.calguns.net/calgunforum/s...d.php?t=108642



  3. #3
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    I think you're right on the money on this one. What point is the right to press if they outlaw ink? I think it is reasonable to expect that the Heller decision, once incorporated, will be a good defense against 12031 and 626.9.

    Not to mention having some of our rights acknowledged, but how cool would it be to get your name in the law books as the case that overturned one of these laws?
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  4. #4
    Founder's Club Member MudCamper's Avatar
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    CA_Libertarian wrote:
    Not to mention having some of our rights acknowledged, but how cool would it be to get your name in the law books as the case that overturned one of these laws?
    In order to do that, first you'd have to violate the law. Personally, I'm nowhere near wealthy enough to go through the process. And what if you lose? You'd lose your 2A rights forever. Better to let some other poor sap who's already been charged to get chosen for this fight.



  5. #5
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    Not true. 12031 is a misdemeanor. We already got a couple 'poor saps' - these guys are just lining up to hog all the glory!

    626.9 can be charged as a misdemeanor or felony, depending on the circumstances. If it is carefully researched and planned out the entire statute could be challenged without risking more than jail time for the poor sap.

    Hopefully we can rally the troops to help with financial support.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
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