Thursday, November 10, 2016

CA: Ban on Magazines, License for Ammuniton Purchanse Passes

In California, Proposition 63, the ban on gun magazines, requiring licenses to purchase ammunition, requiring reporting any change in gun ownership, has passed by an enormous margin, 63% to 37%.  The measure had millions spent to get it passed.  The gun haters outspent Second Amendment supporters over five to one. From
Yes on Prop 63 outraised opponents five to one. As of November 3, 2016, supporters received $4.54 million, while opposing committees raised $868,265. The California Democratic Party, a supporter of Proposition 63, had contributed over $1 million to the campaign. The National Rifle Association was against the initiative and contributed $95,000 to opponents. Polls indicated that around 68 percent of residents supported Proposition 63 prior to the election.

Here are a few of the major provisions of the proposition.  From
Licenses to sell ammo

In July 2016, California enacted legislation to regulate the sale of ammunition. The legislation required individuals and businesses to obtain a one-year license from the California Department of Justice to sell ammunition. Hunters selling 50 rounds or less of ammunition per month for hunting trips were not required to obtain a license

Proposition 63 established a misdemeanor penalty for failing to follow these dealer licensing requirements.
Large-capacity magazines

California banned large-capacity magazines for most individuals in 2000. Individuals who had large-capacity magazines before 2000 were allowed to keep the magazines. Proposition 63 removed the ownership exemption for pre-2000 owners of large-capacity magazines. The measure provided for charging Individuals who do not comply with it with an infraction.
Court removal of firearms

Proposition 63 enacted a court process that attempts to ensure prohibited individuals do not continue to have firearms. The measure required courts to inform individuals prohibited from owning a firearm that they must turn their firearms over to local law enforcement, sell their firearms to a licensed dealer, or give their firearms to a dealer for storage. Proposition 63 also required probation officers to check and report on what prohibited individuals did with their firearms. 
Out-of-state purchases

Starting in July 2019, the July 2016 legislation would have prohibited most California residents from purchasing ammunition outside the state and bringing it into the state without first having it delivered to a licensed dealer. Proposition 63 moved up the start date of this law to January 2018. It also made bringing out-of-state ammunition into the state without first delivering it to a dealer an infraction.
Reporting theft

The measure required dealers of ammunition to report a theft or loss within 48 hours. It required individuals to report a theft or loss within five days to local law enforcement. Failure to report is considered an infraction under the initiative.
The proposition benefited by a full court press against gun ownership in Maine, Nevada, Washington State, and Oregon. The massive funding given to muliple referenda all on the same date, along with an absolutely critical presidential election, prevented Second Amendment supporters from concentrating their resources in opposition to one referendum.
I expect the proposition to be challenged in court.  It remains to be seen if a replacement for Justice Scalia will be on the Supreme Court before a challenge might reach them.  A challenge might not be mounted for months or years.  It is possible that challengers will wait until the Supreme Court makeup is more favorable.

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch


Jim said...

Cali should secede!

Anonymous said...

California gun control laws are so far out they meet the requirements of totally ridiculous. California takes up most of the west coast. it is the first line of defense against invasion by a foreign power. defense of country is one of the primary reasons for the second amendment. !0 round magazines in semi automatic weapons is no match for 50 round magazines or belt fed fully automatic assault rifles. I have used an AK-47 with a 50 round magazine. AK ammo is very heavy. I think the weight of the magazine is close to the weight of the entire rifle. California gun laws are in conflict with so many US constitutional issues I think it is a crime against the rest of the country. this new law trashes the fourth amendment section two in numerous ways. clearly violates the tenth amendment., I truly hope someone sues the hell out of California over this new law.

The new Arizona fishing license no longer requires a California stamp for fishing the Colorado river. a few years ago I was fishing about 75 feet from the state line on the Arizona side. a deputy from California and a deputy from Arizona were standing behind me discussing my Bowie knife. the California deputy wanted to arrest me and confiscate my knife. because it was two inches longer than allowed in California the Arizona deputy stopped him. frankly it was a possible second amendment issue. To attempt to take my property would be attempted theft when my knife was legal. I am very good at sharpening a knife to a razor edge. Might have had to call that California deputy lefty. a badge is not a license to steal. When a law enforcement officer violates the law he is not a law enforcement officer. a thief is a thief. defending my property is covered under the second amendment and various laws that support it. I should not have to buy a second knife to fish in the same water because of a state line.

I do not really see a problem with limiting magazine capacity for hunting game, but in the case of invasion by a foreign power I want the largest capacity I can get. there is no law that allows the government, any government, to tell me what I have to buy. If I want to use a specific weapon for hunting I might buy a five round magazine. but the same weapon can also be used to defend my country.

Who knows when my country might be invaded, I may be out hunting deer when it starts. the five round magazine comes out and the 30 round goes in. I always carry 5, 15 and 30 round magazines. the boy scouts motto always be prepared. I have yet to be consulted by a foreign power about their time of invasion. If an invasion has already started and I need dear meat I am not going to starve to death because I do not have a five round magazine loaded.

I believe anyone can cross this country from coast to coast with a good knife. the right knife will do anything a knife tool could be required for. My bowie knife comes complete with a compass and fishing gear in the handle and works well for shaving. enough weight to it to cut tent poles and live off the land. it also has a sharpening stone on the sheath. I have a bowie knife on all of my gun belts. I have a lot of knives and a lot of guns. Too many to cross country with on foot. but I should be able to take them any where I go in my vehicle. I do not have to leave them home to be stolen. an empty gun is a club. a gun should not have to be unloaded to take it anywhere. no one makes an appointment for self defense, defense of another or protecting property and country. I say piss on the stupid laws and the idiots that pass them.