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It must be noted that the Department of Justice Staff was
courteous and polite at all times. In fact, they requested that
we include that statement in this report. The only serious concern
that I had regarding the operation of the hearings were the enormous
number of law-enforcement personnel, from various agencies, that
were present. DOJ, CHP, and a private security force were all
very obviously present to escort the public to the metal detectors,
perform electronic body searches with hand held metal detectors,
and yes - the most important task - to open the doors to the
hearing rooms. It was the first time that I had ever had so
many heavily armed doormen.
Of the many topics discussed at the Department of Justice
SB-23 hearing in Los Angeles, the ones included in this report
are of the most interest. DOJ Staff, including Randy Rossi, Director
of DOJ's Firearms Division, openly admitted several things that
have not been publicly acknowledged in the past.
Some of those items are referenced herein: ( listed in no
specific order )
- Although the Attorney General, Bill Lockyer, has publicly
stated that the "Proposed Regulations"
will not be re-written or amended, his staff made statements
to the contrary.
- The "One Minute Fix"
is a legal alternative to registering a firearm under SB-23.
- Converting firearms to fire rimfire cartridges, instead of
centerfire, is a legal alternative to registering a firearm under
SB-23. The example discussed was that of a Bushmaster XM15 with
the designation of ".223 caliber" on the lower receiver.
DOJ Staff admitted that function of the firearm is what
determines the necessity of registration, not the labeling or
name. Thus, an "AR-15 type" firearm that has been converted
to .22 long rifle (with a conversion kit) would "exempt
it completely" from SB-23 and the "Assault Weapon"
designation.
- Parts, such as pistol grips, flash suppressors, and thumbhole
stocks, can be legally sold and possessed - WITHOUT REGISTRATION
- as long as they are not installed on the firearm. NOTE /
EXAMPLE: If a person has a AR-15 type firearm that has been converted
to fire rimfire ammunition ( a non-assault weapon ) and also
possesses an upper receiver assembly in a centerfire caliber,
the centerfire type upper receiver cannot legally be INSTALLED
on the firearm, but it can still be possessed.
- Damaged or destroyed "High-Capacity Magazines"
can be made to function again by replacing the damaged parts.
One serviceable part must remain intact from the original magazine.
The example given by the DOJ Staff was "If you were to run
over your "High-Capacity Magazine" with your car and
only the follower was left intact, you could legally order replacement
parts such as the magazine body, spring and floorplate to make
your magazine function again."
- BATF accepted definitions of "Flash Suppressor",
"Muzzle Brake", and "Compensator" will be
accepted and used by California DOJ regarding SB-23. Muzzle brakes
and compensators will have to be "BATF approved" to
be allowed without registration.
- Alternative grip designs, such
as after-market models, will not be approved for use without
registration of firearm as an "Assault Weapon." Somehow,
I think this issue is NOT settled.
The above mentioned items and topics were discussed over a
period of several hours with DOJ staff, representatives, and
lawyers. Many other conversations were "off-the-record"
and are not listed here.
It must also be mentioned that Mr. Rossi acknowledged the
fact that the DOJ monitors pro-gun websites and e-mail traffic.
It must be nice to get well paid to sit around and surf the
web. |