San Francisco suing Cope's Distributing, 44mag.com and Exile Machine

[De Selby]

Assuming we're still talking about parts kits, proof of the order is not enough.  The state would have to prove that the purchaser assembled the parts into a new "high capacity" magazine.   This has been discussed ad nauseum on Calguns, with input from California attorneys. (http://www.calguns.net/calgunforum/showthread.php?t=387409)

The real intent of this litigation is to scare out-of-state businesses into not selling parts for "hi-cap" mags to Californians.  Since the lawsuit was filed, Cope's and Palmetto State Armory have stopped doing so.  California has done this before: years ago they sent threatening letters to out-of-state businesses (including Fulton Armory) threatening them with legal action if they sold AR lowers to Californians even though it was (and is) perfectly legal to do so.  What they can't get through legislation they will attempt to get by litigation and intimidation.

(BTW, Exile Machine has set up a donation page for their legal defense: https://www.exilemachine.net/shop/pages/contribute-to-our-legal-defense-39.html)

Yeah, not so sure about relying on a forum to avoid prosecution there - if you think having a purchase order for identical parts to those in a suspect magazine isn't going to fly, great, but you need to remember that they can put that to a jury to get the answer.

As always with these threads, I would strongly suggest contacting an attorney to scope your individual circumstances if anything on this thread remotely describes your CA based activities.

[MicroBalrog]

If people put half the energy into fixing bad laws that they do in skirting them...

[De Selby]

If people put half the energy into fixing bad laws that they do in skirting them...

Exactly - it's harder to engage in politics with a criminal record as well.

This is not like the off list lower thing

[MechAg94]

What exactly are you talking about?  My understanding is that groups like Calguns have done quite a bit with what they have. 

From all I can tell, there have always been gun owners who liked to find ways to do a tightrope on the legal line without crossing it and that hasn't changed. 

[lee n. field]

Exactly - it's harder to engage in politics with a criminal record as well.

Know much about US-ian politics?

[De Selby]

What exactly are you talking about?  My understanding is that groups like Calguns have done quite a bit with what they have. 

From all I can tell, there have always been gun owners who liked to find ways to do a tightrope on the legal line without crossing it and that hasn't changed. 

Yeah, if calguns are telling people they can import complete magazines and assemble them in a way that nobody can prove the crime, they've got a way to go.  Possibly (being CA based) some time to serve as we'll, but that's up to the courts.


Lee, I'm American.

[Sawdust]

Ii is not a crime to be in posssion of standard capacity magazines in the state of California.

It is, however, illegal to import, manufacture, sell, trade, etc. these magazines.

The burden is on the State to prove that an individual engaged in an illegal act.

Again, possession is not illegal...neither is a closed mouth.

Sawdust

[freakazoid]

If people put half the energy into fixing bad laws that they do in skirting them...

It doesn't take much effort to click "Buy Now".

Yeah, if calguns are telling people they can import complete magazines and assemble them in a way that nobody can prove the crime, they've got a way to go.

Calguns isn't telling people to assemble illegal magazines.
But CA does have a way to go.

[Angel Eyes]

Yeah, if calguns are telling people they can import complete magazines

Which, of course, they're not.

If people put half the energy into fixing bad laws that they do in skirting them...

If you're serious about fixing bad laws, feel free to join or donate to the Calguns Foundation: http://www.calgunsfoundation.org/

It's easy.