We have the final word on “Gunpocalypse” 2016. From the original post the list expanded and contracted. 11 Bills made it through the Assembly and Senate to Governor Brown’s desk. He signed 6 into law and vetoed 5. This will try to address what will happen and how one might comply with these onerous laws. With the passage of these laws California easily jumps to the lead as being the most restrictive state in the nation concerning gun laws. It might say something that the official website of the press release of the list of signed and vetoed bills was crashed for some time. If you want a better explanation of each bill, see the original post.
The New Laws
- SB 880 Firearms: assault weapons.
- The bittersweet relationship the California gun owner had with the “bullet button” is coming to a close. The legislature sought to ban semiautomatic sporting rifles and capitalism responded with ingenuity only a few years later. The previous fix was a setup that required one to open the upper receiver to load cartridges into an internal fixed magazine. Much in the same way one would load a bolt-action Remington 700.
- Fear not, innovators have already forecasted the lack of restraint the leadership in California would exercise and created this feature which complies with the new law’s text.
- It might be worth noting that universal firearm registration did not go into effect until January 1, 2014. Any home-build long gun and long gun not voluntarily registered prior to 2014, California has no official record of its existence. This law will be difficult to enforce.
- AB-1135 Firearms: assault weapons.
- This law redefines “assault weapons” from “a semiautomatic centerfire rifle” to “semiautomatic rifle” with the evil features. Semiautomatic rimfire rifles are now included in the list of banned rifles.
- AB-156 Ammunition.
- Following the reappropriation of taxes and fees gun owners pay for background checks and licenses, there are now new fees which California’s legal gun owners must pay to support the enforcement of illegal firearms.
- I am less concerned about this law. I am confident like every other law banning interstate ammo sales since 2009, this too will be struck down in federal court because it seeks to control a power explicitly held by the Federal Government, interstate commerce. If such a law were to be permitted that would be a huge power grab away from the federal government, good luck.
- SB 1446 Firearms: magazine capacity.
- This law prohibits possession of any magazine over 10 round capacity. Because there was already a law that prohibited the sale, manufacture, and importation of such magazines since 2002, this specifically targeted the “pre-ban” standard capacity magazines.
- This law will be difficult to enforce.
- AB-1511 Firearms: lending.
- Firearm lending is still legal, but limited to immediate family members who must also have a Firearm Safety Certificate one can acquire after passing a test and paying $25. The certificate is valid for 5 years.
- Let us hope between this law and the still present 10-day waiting period does not have grave results for people in immediate harm.
- This bill makes false lost or stolen firearm reports a misdemeanor which includes a stripping of gun ownership for 10 years.
Where Do Gun Owners Go From Here?
As I mentioned, some of these laws have a legitimate chance to be struck down in the courts. If a judge places an injunction on the measure then it might not be done.
As I mentioned, some of these laws have a legitimate chance to be struck down in the courts. If a judge places an injunction on the measure then it might not be done.
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| Help us Eastern and Northern Districts, you are our only hope. |
The biggest question which I think the Attorney General will have to clarify on the FAQs page, will the newly Registered Assault Weapons (RAWs) be classified differently than the original RAWs from the early 1990’s. If so those who comply with the new laws will be able to have semi-automatic centerfire rifles with all the fun accessories. The manner by which I read the text, says yes, I’m not a lawyer. It should be worth noting no RAW is transferable to any person in the state. If an owner of a RAW wishes to pass it on to family, it cannot be owned in California before the owner dies.
This is the less popular part of the message especially to the frustrated gun owners. I understand the frustration. I recognize the sabre rattling. I know the impossible nature of enforcing the most onerous laws. I also recognize the estimates of non-compliance from the first round of registration in 1990, when AR-pattern rifles were not yet mainstream. I also recognize the philosophical factors concerning unjust laws, most especially in American history MLK’s Letter from Birmingham Jail.
This is the less popular part of the message especially to the frustrated gun owners. I understand the frustration. I recognize the sabre rattling. I know the impossible nature of enforcing the most onerous laws. I also recognize the estimates of non-compliance from the first round of registration in 1990, when AR-pattern rifles were not yet mainstream. I also recognize the philosophical factors concerning unjust laws, most especially in American history MLK’s Letter from Birmingham Jail.
Despite these frustrations, if California gun owners want to proclaim that we are indeed law-abiding, then we must comply. I recognize the rough impossibility of enforcement for those who have not featured their firearms on social media. If we wish to abandon that description then we are in a much graver place as a state and nation. Even stirring the masses to “shall not be infringed” fails a history test. Per the 10th Amendment, and due to the present jurisprudence, the State has every right to ban these commonly owned firearms. I deeply disagree with the state of affairs, but I think it a much better solution to move to a less restrictive state than to knowingly violate the law. The Federalist experiment which allows for these many petri dishes known as state governments looks to be failing. I am reminded of this scene from The Patriot.
“And my principals”? I am fearful of any serious talk of rebellion or revolution. I have been to war, twice. One ought not threaten such things lightly. We glorify war in entertainment and speech. I am proud of my honorable service in the recent wars. I am also confident in peaceful resolutions. The way things look, we might be due for a Convention of the States.
Bills Still at the Legislature
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