M*CARBO Brotherhood

From Radio Free Kaliforniastan

The following bills were signed into law yesterday, October 11th, 2019 here in Kaliforniastan.
AB-12 This allows the courts to extend the GVRO (red flag law) from 1 to 5 years…
AB-61 This one expands who may enact said GVRO (red flag law)
AB-879 The precursor parts law, now all “precursor” parts must be sold thru an FFL.
AB-893 This divides the state into agriculture districts and stops the sale of firearms and ammo at the Del Mar Fairgrounds.
AB-1297 Now the various counties can charge whatever they want for a CCW.
AB-1669 Another fee increase for gun show sales.
SB-61 And the real kicker, now only one gun a month may be bought by an individual. Up to now, it was one handgun per month, this now includes rifles, shotguns, centerfire and semi automatic.

These are set to go into effect January 1st, 2020.

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Shak’n my head.

Wonder how folks are gonna feel 'bout buying raw steel (obvious precursor) exclusively at FFLs.

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And the background check, fees…

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@Festus so sad to see how California has turned south. We all need to wake up and see what these “Gun Control” measures are slowly doing to the 2nd Amendment. Give them a little and now they are extending the laws on the books for more and more “Control”.

I feel another Revolution in the making.

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Two more made it into law, just under the deadline.
AB-1254 Bobcat hunt, nope, not anymore.
SB-172 Better lock up that night stand piece.

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I really dont know how ya stand it, the legislature making new Crimes so the can pass more restrictive laws. your a better man than me, that much invasive control would take me to the point of being down rite hostile…
But it is a good place to be a bobcat. dont take me the wrong way, I like bobcats. i have one hangs out round here, but if nothing controls their numbers, you will be up to your butt in em in a couple of years. bobcats breed…quite often,…

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No problem with bobcats. My problem is with territorial predators being forced into populated areas looking for territory/food, tranquilized and moved back into the wild, rinse/repeat. Already happening with mountain lions and bears…

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Puma//cougar//catamount/panther, once they set their range, they will return to it time after time. grew up with a far size population of em/. their screams coming off bald mountain used to sing me to sleep at night…

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Well brother things could be worse. Here in Canada we are on the cusp of loosing ALL of our FA rights. Prohibited to own hand guns and assault type semi autos. The next to go will be Sniper type weapons (which means any hunting riffle with a scope). Out of 6 parties only one is on the side of sport, competition and hunters. 21st will be the deciding factor. This is really bad as it will criminalize a significant portion of the country in one sweep and virtually over night! This is not why I served my country for it to become.

Cheers RCEME

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@RCEME Welcome aboard. The few, large populated areas controlling the vast expanse of the great white north. I hope better judgement prevails for you.

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No one is coming for your guns. Lighten up, Francis.

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Marsha, “hope” they never come. Don’t become a complacent “sheep-people” and assume our Government will stay pro-2nd Amendment. California is a great example…as what my post was about…Junior Mint.

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NY, NJ, HI, WA, OR, VT, NV, IN, IL, MD, RI, CT, DE, FL and CA all have GVRO (gun violence restraining order, aka “red flag” laws). Coming soon to OH, MI, PA & NC.

84 year old vet and ex cop…

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Yes they are. Candidates make that quite clear.

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@Festus
Sounds like a politician!

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A couple local news reports on recent run-ins with mountain lions around here.

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This is becoming more common around here as well. Bears have been a problem in the Truckee/Tahoe region for years and are moving down into lower elevations as their numbers increase.

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I made my first handgun purchase of the year yesterday. True to their word, the state has upped the DROS fees 50% for a total fee per handgun/rifle/shotgun purchase of 37.50.

Of interest, filling out the form 4473 is now electronic, done on some sort of tablet device. I will say the process went smoothly and it was nice to deal with a familiar face.

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The Canadian Government has made it clear that it intends to ban so-called “military style assault rifles” (“MSAR”). Since there is currently no legal definition of that expression in Canadian law, it is impossible to predict with certainty what exactly will be banned. However, we can most certainly expect that certain firearms, such as the AR-15, will be on the list of banned rifles.

The process that will be followed is also uncertain, although clues have been given out in declarations by Minister Bill Blair, and in the recent mandate letter given to Mr. Blair.

Here is what we know:

  1. A list of guns to be banned is being made up and will be made public soon;

  2. The Government expects to implement a mandatory buy-back program; and

  3. There will be a two-year amnesty period.

Since a buy-back program and related amnesty are announced, it is not expected (albeit, not impossible) that there will be immediate confiscations.

How a MSAR Ban will likely unfold

Again, there is no certainty as to this scenario, but it appears as the most plausible, given the existing legal context.

  1. First, the Government will make a list of specific firearms to be banned and will likely include the list in regulations to be enacted by way of Order in Council (“OIC”). We expect those regulations to include temporary grandfathering provisions, pursuant to either paragraphs 12(8) or 12(9) of the Firearms Act. This situation will prevail until buy-back time, which is part of Stage 2, as described below.

A few remarks about the foregoing:

A.Whether or not there will be temporary grandfathering is a key consideration. Indeed, if there is no grandfathering, even temporary, affected gun owners will be required to turn over their firearms to police or face prosecution. The manner to address this potential situation is discussed below.

B. Assuming temporary grandfathering of existing owners, the affected owners will continue to possess their MSAR, although use will likely be limited to approved ranges, in a best-case scenario.

i. If the newly prohibited MSAR was formerly in the “restricted” class, the existing registration certificate will be revoked and a new one will be issued, referring to the new classification. Owners will also receive a new licence card (PAL) referring to Class 12(9).

ii. If the newly prohibited firearm was formerly classified as “non-restricted”, existing owners will likely be required to register their firearm as prohibited, to qualify for grandfathering and/or buy-back. There will be a deadline attached.

  1. Second, the Government will introduce new legislation in the House of Commons to implement its buy-back scheme. This step will likely happen almost simultaneously with the enactment of the Regulations referred to above. This entails amending existing legislation (Criminal Code, Firearms Act and Regulations) to end all licence rights (i.e. 12(8) or 12(9) grandfathering) and revoke all registration certificates attached to MSARs. Once the legislation comes into effect, there will be a two-year amnesty period. During the amnesty period, owners will be immune from prosecution for mere possession of MSARs. It remains to be seen whether usage (at shooting ranges) will be permitted during the amnesty period. The Government may elect to disallow usage, in order to entice owners to hand over their MSARs.

If the New-Zealand experience is any indication, the amnesty period will coincide with the buy-back period. The Government will enact Regulations providing for buy-back prices or a formula to determine pricing. There may or may not be a mechanism to dispute the amount offered as compensation. Of course, “buy-back” is a euphemism for “confiscation with compensation”, since the seller will not be at liberty to sell.

  1. Third, upon the end of the amnesty/buy-back period, owners who shall remain in possession after the end of the amnesty period will be subject to criminal prosecution.

What to do if there is no temporary grandfathering

Again, although we expect temporary grandfathering of existing owners, the Government may attempt a speedier confiscation process in respect of specific MSARs.

In that event:

  1. Affected owners whose MSAR is currently registered as “restricted” will likely receive a notice in the mail, revoking their existing registration certificate, but no new registration certificate. The notice will instruct them to turn over their MSAR to police or to a party legally authorized to possess prohibited firearms of that class, likely within thirty (30) days.

Affected owners who wish to contest the confiscation of their MSAR must do so within thirty (30) days of the receipt of the notice revoking their registration certificate. Such contestation is done by way of a “Reference” under s. 74 of the Firearms Act. The appropriate forum to file is the provincial court of the locality where the owner resides. The Registrar of Firearms (RCMP) must be designated as a Respondent. You do not need a lawyer to file a Reference, although it is recommended that you hire one. The NFA will assist in the process by publishing templates of documents that may be used to file a Reference. Once the Reference is filed, it may be incumbent upon you to serve it upon the Registrar of Firearms. It is too early to fully articulate the legal grounds under which such a Notice of revocation could be legally challenged. However, recent amendments to the Firearms Act, more specifically the addition of paragraph 12(9) suggests that whenever firearms are to be prohibited by way of Regulations, their respective owners must be grandfathered. Hence, if existing owners were not to be grandfathered further to the enactment of Regulations, a contestation may likely be filed on that basis.

  1. Affected owners whose MSAR is currently considered as “non-restricted” may not receive any notice of the change of status of their firearm, simply because non-restricted firearms are not registered. However, we would like to remind you that Quebec has created its own registry of non-restricted firearms, and that the data of the old federal long gun registry still exists and is available to the Government.

What if police show up?

Should police show up at your doorstep and ask that you surrender your MSAR, here is what to do:

  1. Before you let them in, ask the police if they have a warrant.

A. If the answer is “no”, tell them politely to come back when they have a warrant. Never let them in voluntarily if they do not have a warrant. If they force their way in, do not resist, and call a lawyer.

B.If the answer to the warrant question is “yes”, ask to see the warrant.

  1. Assuming that a satisfactory warrant is shown by police, let them in. Do not let them go anywhere that is not covered by the warrant (e.g. other address or location). Do not obstruct the work of the police. Open any containers or rooms that you are asked to open.

  2. Take pictures of everything and make a list of all seized items.

  3. You do not legally have to answer any questions from police, other than identifying yourself.

  4. Do not volunteer any information that is not asked for.

  5. Call a lawyer as soon as you can, preferably before the search starts.

Lastly

This is a fluid situation. We also made certain assumptions that may ultimately prove to be incorrect. As more becomes known about the upcoming MSAR ban, we will update this page. Please check it regularly.

We may, in due course, consider engaging in litigation to challenge the validity of the legislation purporting to implement a MSAR ban (Regulations or Statute) or certain aspects thereof, should we determine that there are valid grounds to do so.

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And just when we thought there was hope, AB 503 failed to pass. Even in light of the recent happenings in TX it is obvious we shall remain soft targets. This bill would have allowed legal, licensed concealed carry permit holders, along with the written permission of the church or other place of worship, public or private schools K-12 to carry concealed on these properties.

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