Difference between revisions of "Non detachable magazines"

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(Does this mean I can have the prohibited features?)
(How is "detachable magazine" defined?)
 
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== How is "detachable magazine" defined? ==
 
== How is "detachable magazine" defined? ==
  
'''Detachable magazine''' is defined in the [http://ag.ca.gov/firearms/regs/chapter39.pdf California Code of Regulations] as "any ammunition feeding device that can be removed readily from the firearm with neither disassembly of the firearm action nor use of a tool being required. A bullet or ammunition cartridge is considered a tool." The California Department of Justice originally interpreted the term "detachable magazine" as not requiring permanence beyond the use of a tool being required. The first official documentation of that position was in January of 2002 in a [http://www.hoffmang.com/firearms/DOJ_SA58_FAL-Magazine-Lock-opinion.pdf letter] and [http://www.hoffmang.com/firearms/DOJ_SA58_FAL-Magazine-Lock-analysis.pdf opinion] to DSA arms regarding a modification to a FAL that only used a screw to make the magazine non-detachable. That opinion was reaffirmed in the sworn [http://66.117.10.18/Docs/ASSAULT%20WEAPONS/Cal%20Regulations/NRA-HuntPDecOfIgnatiusChinn061205.PDF testimony of Ignatuis Chinn] in ''Hunt v. Lockyer''. In 2006, DOJ attempted a rulemaking that subsequently was withdrawn to add the concept of permanence to "detachable magazine." A memo that expressed the attempted rulemaking remained on the DOJ website after the rulemaking was not abandoned. Members of Calguns.net challenged the memo as an [http://www.oal.ca.gov/Underground_Regulations.htm underground regulation] and [http://www.hoffmang.com/firearms/oal/OAL-280-Suspension-Notice-2007-09-21-w-Attachments.pdf DOJ agreed] not to attempt to use the proposed permanence rule as rule of general applicability.
+
'''Detachable magazine''' is defined in Title 11 "Law" of the [http://ccr.oal.ca.gov/ California Code of Regulations] as "any ammunition feeding device that can be removed readily from the firearm with neither disassembly of the firearm action nor use of a tool being required. A bullet or ammunition cartridge is considered a tool." The California Department of Justice originally interpreted the term "detachable magazine" as not requiring permanence beyond the use of a tool being required. As such, the Penal Code is effectively amended to read:
 +
 
 +
12276.1.  (a) Notwithstanding Section 12276, "assault weapon"
 +
shall also mean any of the following:
 +
    (1) A semiautomatic, centerfire rifle that has the capacity
 +
to accept any ammunition feeding device that can be '''removed
 +
'''readily from the firearm with neither disassembly of the'''
 +
'''firearm action nor use of a tool being required'''. A bullet
 +
or ammunition cartridge is considered a tool. [A]nd any one of
 +
the following:
 +
 
 +
The promulgation of these regulations was specifically delegated to the Attorney General and thus DOJ in Penal Code Section 12276.5 (c). The California Supreme Court in ''[http://scholar.google.com/scholar_case?case=10696997440233558471 Yamaha Corp. of America v. State Bd. of Equalization]'' (1998) 19 Cal.4th 1, 7 stated, "[R]egulations adopted by an agency to which the Legislature has confided the power to 'make law,' and which, if authorized by the enabling legislation, bind this and other courts as firmly as statutes themselves . . . ." Thus, the definition of "detachable magazine" in the CCR is as binding as the Penal Code itself.
 +
 
 +
The first official documentation of that position was in January of 2002 in a [http://www.hoffmang.com/firearms/DOJ_SA58_FAL-Magazine-Lock-opinion.pdf letter] and [http://www.hoffmang.com/firearms/DOJ_SA58_FAL-Magazine-Lock-analysis.pdf opinion] to DSA arms regarding a modification to a FAL that only used a screw to make the magazine non-detachable. That opinion was reaffirmed in the sworn [http://66.117.10.18/Docs/ASSAULT%20WEAPONS/Cal%20Regulations/NRA-HuntPDecOfIgnatiusChinn061205.PDF testimony of Ignatuis Chinn] in ''Hunt v. Lockyer''. In 2006, DOJ attempted a rulemaking that subsequently was withdrawn to add the concept of permanence to "detachable magazine." A memo that expressed the attempted rulemaking remained on the DOJ website after the rulemaking was abandoned. Members of Calguns.net challenged the memo as an [http://www.oal.ca.gov/Underground_Regulations.htm underground regulation] and [http://www.hoffmang.com/firearms/oal/OAL-280-Suspension-Notice-2007-09-21-w-Attachments.pdf DOJ agreed] not to attempt to use the proposed permanence rule as rule of general applicability. In November of 2008, The Sacramento Police Department issued an internal [http://www.hoffmang.com/firearms/Sacramento-PD-OLL_Training_Bulletin-2008-11-18.pdf training memorandum] to educate their officers on how to determine if semiautomatic centerfire rifles are prohibited or not.
  
 
== Does this mean I can have the prohibited features? ==
 
== Does this mean I can have the prohibited features? ==
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The short answer is, yes. If you have a fixed or non-detachable magazine attached to your semiautomatic rifle you can have otherwise prohibited features like pistol grips and folding stocks. Each of these comply with the definition of "detachable magazine" outlined above.
 
The short answer is, yes. If you have a fixed or non-detachable magazine attached to your semiautomatic rifle you can have otherwise prohibited features like pistol grips and folding stocks. Each of these comply with the definition of "detachable magazine" outlined above.
  
There are three primary types of magazine fixing devices for AR type rifles. They are the [http://www.riflegear.com/p-57-prince50-mag-lock-kit.aspx Prince50 Mag-Lock Kit], the [http://www.calguns.net/calgunforum/showthread.php?t=46802 Prince-50 Bullet Button], and the [http://www.calguns.net/calgunforum/showthread.php?t=103338 B-15 Bullet Button]. The latter two types allow one to remove a magazine with a tool and place a new 10 round magazine into the rifle which is explained in [http://www.calguns.net/calgunforum/showthread.php?t=45321 this post on Calguns.net]. Recently, The Sacramento Police Department issued an internal [http://www.hoffmang.com/firearms/Sacramento-PD-OLL_Training_Bulletin-2008-11-18.pdf training memorandum] to educate their officers on how to determine if Off List rifles are prohibited or not.
+
There are three primary types of magazine fixing devices for AR type rifles. They are the [http://www.riflegear.com/p-57-prince50-mag-lock-kit.aspx Prince50 Mag-Lock Kit], the [http://www.calguns.net/calgunforum/showthread.php?t=46802 Prince-50 Bullet Button], and the [http://www.calguns.net/calgunforum/showthread.php?t=103338 B-15 Bullet Button]. The latter two types allow one to remove a magazine with a tool and place a new 10 round magazine into the rifle which is explained in [http://www.calguns.net/calgunforum/showthread.php?t=45321 this post on Calguns.net].
  
 
There are three very important warnings to keep in mind.  
 
There are three very important warnings to keep in mind.  
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There are also bullet button devices for AK's and other semiautomatic rifles. The [http://www.calguns.net/calgunforum/showthread.php?t=69570 JJPerl bullet button] is a popular choice for AK style rifles.
 
There are also bullet button devices for AK's and other semiautomatic rifles. The [http://www.calguns.net/calgunforum/showthread.php?t=69570 JJPerl bullet button] is a popular choice for AK style rifles.
 +
 +
===Bullet Buttons and Local Law Enforcement ===
 +
The Sacramento Police Department issued an [http://www.hoffmang.com/firearms/Sacramento-PD-OLL_Training_Bulletin-2008-11-18.pdf "Investigations Division Training Bulletin"] November 18th, 2008, which notes in part
 +
Once a bullet button device is installed the firearm no longer
 +
has a “detachable magazine” as required in Penal Code Section
 +
12276.1(a)(1) and as defined in the California Code of
 +
Regulations. This allows someone to legally posses a rifle
 +
built on an off-list (not listed in PC 12276) lower receiver
 +
with a pistol grip, folding/telescoping stock, flash suppressor
 +
or a forward pistol grip because the firearm has a “fixed
 +
magazine”.
 +
 +
==References==
 +
[http://ag.ca.gov/firearms/regs/chapter39.pdf California Code of Regulations for Assault Weapons and Large Capacity Magazines]
 +
 +
[http://www.hoffmang.com/firearms/Sacramento-PD-OLL_Training_Bulletin-2008-11-18.pdf Sacramento PD "Investigations Division Training Bulletin"]
 +
 +
[http://www.hoffmang.com/firearms/DOJ_SA58_FAL-Magazine-Lock-opinion.pdf DSA FAL Opinion Letter]
 +
 +
[http://www.hoffmang.com/firearms/DOJ_SA58_FAL-Magazine-Lock-analysis.pdf DSA FAL Analysis]
 +
 +
[http://66.117.10.18/Docs/ASSAULT%20WEAPONS/Cal%20Regulations/NRA-HuntPDecOfIgnatiusChinn061205.PDF ''Hunt v. Lockyer'' testimony of Ignatuis Chinn]
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[[Category:Legal]]
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[[Category:Magazine Laws]]

Latest revision as of 05:06, 4 November 2015

How is "detachable magazine" defined?

Detachable magazine is defined in Title 11 "Law" of the California Code of Regulations as "any ammunition feeding device that can be removed readily from the firearm with neither disassembly of the firearm action nor use of a tool being required. A bullet or ammunition cartridge is considered a tool." The California Department of Justice originally interpreted the term "detachable magazine" as not requiring permanence beyond the use of a tool being required. As such, the Penal Code is effectively amended to read:

12276.1.  (a) Notwithstanding Section 12276, "assault weapon"
shall also mean any of the following:
   (1) A semiautomatic, centerfire rifle that has the capacity
to accept any ammunition feeding device that can be removed
readily from the firearm with neither disassembly of the
firearm action nor use of a tool being required. A bullet
or ammunition cartridge is considered a tool. [A]nd any one of
the following:

The promulgation of these regulations was specifically delegated to the Attorney General and thus DOJ in Penal Code Section 12276.5 (c). The California Supreme Court in Yamaha Corp. of America v. State Bd. of Equalization (1998) 19 Cal.4th 1, 7 stated, "[R]egulations adopted by an agency to which the Legislature has confided the power to 'make law,' and which, if authorized by the enabling legislation, bind this and other courts as firmly as statutes themselves . . . ." Thus, the definition of "detachable magazine" in the CCR is as binding as the Penal Code itself.

The first official documentation of that position was in January of 2002 in a letter and opinion to DSA arms regarding a modification to a FAL that only used a screw to make the magazine non-detachable. That opinion was reaffirmed in the sworn testimony of Ignatuis Chinn in Hunt v. Lockyer. In 2006, DOJ attempted a rulemaking that subsequently was withdrawn to add the concept of permanence to "detachable magazine." A memo that expressed the attempted rulemaking remained on the DOJ website after the rulemaking was abandoned. Members of Calguns.net challenged the memo as an underground regulation and DOJ agreed not to attempt to use the proposed permanence rule as rule of general applicability. In November of 2008, The Sacramento Police Department issued an internal training memorandum to educate their officers on how to determine if semiautomatic centerfire rifles are prohibited or not.

Does this mean I can have the prohibited features?

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Prince50 Mag-Lock Kit
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Prince50 Bullet Button
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California Rifles B-15

The short answer is, yes. If you have a fixed or non-detachable magazine attached to your semiautomatic rifle you can have otherwise prohibited features like pistol grips and folding stocks. Each of these comply with the definition of "detachable magazine" outlined above.

There are three primary types of magazine fixing devices for AR type rifles. They are the Prince50 Mag-Lock Kit, the Prince-50 Bullet Button, and the B-15 Bullet Button. The latter two types allow one to remove a magazine with a tool and place a new 10 round magazine into the rifle which is explained in this post on Calguns.net.

There are three very important warnings to keep in mind.

  1. Never permanently attach a magazine that has the capacity to accept more than 10 rounds as that triggers an alternative definition of Assault Weapon at Penal Code 12276.1 (a)(2) ("A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.")
  2. If you are using the Prince50 Mag-Lock Kit you can not remove the magazine while the lower is attached to a semiautomatic centerfire upper and has any prohibited features still attached. You can either remove the prohibited features or scissor open or remove the upper to load. If you want to be able to use a tool to remove the magazine you should be using one of the bullet button devices.
  3. All semiautomatic centerfire rifles must be at least 30" in overall length as anything less triggers an alternative definition of Assault Weapon in Penal Code 12276.1 (a)(3) ("A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.") California measures rifle overall length with folding stocks and other non permanent components in their smallest configuration. This is a difference between California and Federal law.

There are also bullet button devices for AK's and other semiautomatic rifles. The JJPerl bullet button is a popular choice for AK style rifles.

Bullet Buttons and Local Law Enforcement

The Sacramento Police Department issued an "Investigations Division Training Bulletin" November 18th, 2008, which notes in part

Once a bullet button device is installed the firearm no longer
has a “detachable magazine” as required in Penal Code Section
12276.1(a)(1) and as defined in the California Code of
Regulations. This allows someone to legally posses a rifle
built on an off-list (not listed in PC 12276) lower receiver
with a pistol grip, folding/telescoping stock, flash suppressor
or a forward pistol grip because the firearm has a “fixed
magazine”.

References

California Code of Regulations for Assault Weapons and Large Capacity Magazines

Sacramento PD "Investigations Division Training Bulletin"

DSA FAL Opinion Letter

DSA FAL Analysis

Hunt v. Lockyer testimony of Ignatuis Chinn