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Logic Analysis of AB-1135


LEGAL DISCLAIMER

Torqueprecision.LLC is not licensed to give legal advise and nothing on this website should be construed as legal advise.  Torqueprecision, LLC encourages you to seek the advise of a lawyer familiar with California Law pertaining to firearms and gun laws.  What is discussed herein is the unqualified anecdotal analysis and interpretation of Assembly Bill 1135. The views and opinions expressed herein are those of Torqueprecision, LLC and should not be relied upon for any reason whatsoever.  We encourage you to seek out your own opinion and legal advise regarding AB-1135 and all other laws pertaining to ownership and use of firearms. 



INTRODUCTION

You may find while reading the full text of AB-1135 that, as a primary source, it outlines a new statutory definition of “assault weapon.”  In plain meaning it states unambiguously exactly what rifle features are considered to legally determine if a particular rifle is an “assault weapon” or not.  

In the full AB-1135 text shown linked here, we have made the important sentences that are applicable to our analysis, visible with a contrasting lime green font color. This is so you can read these important parts for yourself. Also at the bottom after the full text of AB-1135 you can find original source URL to AB-1135 on a ca.gov website.

Some key terms we have mentioned above were displayed in bold italics.  These, terms are important because they are established legal terms used to describe and categorize information that is being analyzed when interpreting the meaning of statutory law.  

Analyzing the meaning of legal statutes requires a careful and repetitive read of each word independently and within the context of various words, or combinations of words in order to decipher the plain meaning of the sentences.  It is complex and tricky but also simple at the same time. One needs to be constantly aware of how the meaning of a word or statement can be changed, or appended, or prepended by the simple use or placement of key words, punctuation, and grammar. Even the Section and Subsection numbers are important for creating or limiting context and meaning. Interpretation of the law is always subjective and open to argument and judicial process.

The following analysis is not for the faint-hearted.  It's takes a dedicated individual to power through it all and it is a challenge as equal to reading AB-1135 onto itself.  You may choose to just scroll down to the conclusions at the bottom. Also, keep in mind that this analysis our conclusions  just covers only this one (1) Section (Section 30515)  of the California Penal Code - out of many relative Sections.



LAWGICAL THINKING

Let’s take a close look at an excerpt of the most important text found in AB-1135…

“SECTION 30515. (a) Notwithstanding Section 30510, “assault weapon” also means any of the following:

(1)  A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following:

(A)  A pistol grip that protrudes conspicuously beneath the action of the weapon.

(B)  A thumbhole stock.

(C)  A folding or telescoping stock.

(D)  A grenade launcher or flare launcher.

(E)   A flash suppressor.

(F)   A forward pistol grip.

(2)  A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.

(3) 

…(b) For purposes of this section, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the devise cannot be removed without disassembly of the firearm action.

(c)…”

Within the above text you can strive to decipher and understand the law’s unambiguous, plain meaning and analyze for yourself what features determine a particular rifle’s classification as either an “assault weapon” or not.

Now let’s pick it apart line by line in great detail.

“SECTION 30515.” 

(We think this is the applicable California Penal Code Section where the law is written.)

“(a)”

(We think this is the first context marker that specifies and limits this Subsection information as applicable only to Section 30515.  From this designation “(a)” Subsection we can make an inference that there is at least a “(b)” designated context marker that also applies to Section 30515)

  “Notwithstanding Section 30510,”

(We think this statement says that Section 30515 (a) does not change or supersede any previous definition of “assault weapon” already defined by law in Section 30510.  Rather this statement appends that Section; And thus Section 30515 will add to the previous definition of “assault weapon” as defined in Section 30510.)

 “assault weapon” also means any of the following:

(We think this statement clearly states that the definition of “assault weapon” also means the inclusion of characteristics that are about to be stated. "Also" is the key change word that works to include the new meaning with the old meaning.)

“(1)“

(We think this is another context marker that limits this Subsection information applicable only to the (a) Subsection.  From this designation “(1)” we can make an inference that there is at least a ”(2)” designated context marker that also applies to Subsection (a) )

“A semiautomatic, centerfire rifle”

(Nothing ambiguous about this statement that states exactly what rifle type this Subsection applies to; Semiautomatic rifle types that are also centerfire rifle types.)

“that does not have a fixed magazine”

(We think this statement further describes attributes of the rifle type that is being identified for this Section.  It plainly means a rifle that does not have a fixed magazine. This statement further narrows the rifle type which is the subject of this Subsection to include any rifle that does not have a fixed magazine.)

“but has any one of the following:”

(We think the word “but” is important here.  It clarifies an exception for something else that the rifle has. A list of attributes to follow. So our understanding at this point is that Section 30515, Subsection (a) adds a new meaning of “assault weapon” to the old meaning of “assault weapon” to include a rifle type that is semiautomatic, centerfire, and does not have a fixed magazine; But also has any one of the following attributes:)

“(A)-(F)”

(We think these context markers limit their corresponding list of attributes as criteria applicable only to Subsection (1) of Subsection (a) of Section 30515) 

“(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.”

(We think this is Attribute 1; A pistol grip.  Further specified as one that protrudes conspicuously beneath the action of the weapon.  This statement is a little ambiguous.  What if you had a pistol grip that did not protrude conspicuously? Or did not protrude beneath the action of the weapon? Interesting questions for a subjective interpretation, but do doubt the plain meaning here is arguably a simple pistol grip.)

“(B) A thumbhole stock.”

(We think this is Attribute 2;  It Makes sense to us. A stock with a thumbhole.)

“(C)”A folding or telescoping stock.”

(We think this is Attribute 3; A stock that folds or telescopes.  Can the stock be removable if it doesn’t fold or telescope?) 

“(D) A grenade launcher or flare launcher.”

(We think this is Attribute 4; We wish we knew someone with a rifle mounted flare launcher. It sounds like a good time while boating in international waters.)

“(E) A flash suppressor.”

(We think this is Attribute 5; What’s the difference between a flash suppressor and a flash hider?)

“(F) A forward pistol grip.”

(We think this is Attribute 6; A forward pistol grip; simple.)

“(2)”

(This is the second Subsection context marker that includes a second alternative rifle type description that can be included in the criteria that defines an “assault weapon”.)

“A semiautomatic, centerfire rifle”

(Just as above, this statement states exactly what rifle type this Subsection applies to: Semiautomatic rifle types that are also centerfire rifle types.)

“that has a fixed magazine”

(We think this statement further describes attributes of the rifle type that is being identified for this Section.  It plainly means a rifle that has a fixed magazine. This statement further narrows the rifle type, which is the subject of this Subsection to include any rifle that has a fixed magazine.

Now one may think at this point, that the meaning of the law includes rifles with a fixed magazine.  It does not, because of the next part of the sentence.)

 “with the capacity to accept more than 10 rounds.”

(We think the word “with” is important here.  It clarifies an exception for the fixed magazine. It describes the fixed magazine’s capacity to accept more than 10 rounds. This statement is clear in both plain meaning and literal meaning.  We think It is the most important statement that supports the idea that a semiautomatic, centerfire rifle type with a fixed magazine that cannot accept more than 10 rounds is excluded from the statutory definition as well as the plain meaning of Section 30515.)

“(3)…”

(There are more alternative rifle types discussed in the Section under other Subsection context markers.  They apply to various pistols and shot gun configurations other than the semiautomatic, centerfire rifle type .)

“…(b)”

(We think this is the second context marker that specifies and limits this Subsection information as applicable only to Section 30515. This starts the second Subsection that further defines law within Section 30515.)

“For purposes of this section,”

(We think this statement is a qualifier for the subsequent definition to follow that clearly limits the definition for the purpose of Section 30515.}

““fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm”

(We think this statement clearly defines in plain meaning that a “fixed magazine” is an ammunition feeding device that is contained in, or permanently attached to, a firearm”)

“in such a manner that the devise cannot be removed without disassembly of the firearm action.”

(We think, “In such a manner that the devise cannot be removed without disassembly of the firearm action”, clarifies that the magazine devise must be permanently attached to the firearm unless the action is disassembled.  This clearly indicates that a fixed magazine, can be a removable magazine provided that it is only removable when the firearm action is disassembled.)  


 

CONCLUSIONS OF ANALYSIS

There are three important conclusions that we have made from the above analysis:

1.   According to Section 30515, Subsections (a)(1): an “Assault Weapon” is limited to the definition established in Section 30510 and also to include any rifle that can be described as: semiautomatic, centerfire, with a detachable magazine that includes any one or more of the features listed in Subsections (A)-(F).  Therefore, it can be concluded that any rifle that can be described as: semiautomatic, centerfire, with a fixed magazine that includes any one or more of the features listed in Subsections (A)-(F) can be considered not a “assault weapon”.

2.   According to Section 30515, Subsections (a)(2): Which addresses rifles with a fixed magazine; The law clearly states that any semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds can also be considered a “assault weapon”.  Therefore, it can be concluded that any semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept no more than 10 rounds can be considered not to be a “assault weapon”.

3.   According to Section 30515, Subsection (b): Which is a primary source of information, that defines the specific term “fixed magazine” to mean a device permanently attached to a firearm in a way that it cannot be removed without disassembly of the firearm action.  Therefore, it can be concluded from the statutes plain meaning that the magazine is permanently fixed as long as it can only be removed from the firearm when the firearm action is disassembled.

The final overall conclusion that we here at Torque Precision, LLC make from our analysis of AB-1135 is the following:

Any AR-15 or AR-10 that has been lawfully purchased or transferred in California; and that has not already been or previously been registered as an “assault weapon” within California or any other State; which can also be described as a semiautomatic, centerfire rifle type firearm; with a  permanent “fixed magazine” device that cannot be removed from the firearm without disassembly of the firearm action; and that such a “fixed magazine” device is limited in capacity to only receive up to 10 rounds of ammunition is not an “assault weapon” as defined by Section 30515 which was amended according to AB-1135. 




INTRODUCING THE FC-HOOK

• The FC-Hook is installed on your firearm in such a way that it cannot be "readily removed" even with the use of a tool. 

• The FC-Hook permanently locks a California approved magazine into the Magwell so that it clearly meets the meaning of "fixed magazine" for the purposes of section 30515; in that the FC-Hook, when properly installed with a compatible 10 round magazine, crates an "ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the devise cannot be removed without disassembly of the firearm action."

• The FC-Hook can also be installed with a compatible 10 round magazine onto a stripped lower receiver in order to make it a "fixed magazine" firearm for the same purpose you would install one on a complete lower receiver with or without an upper receiver attached. Even with the firearm action disassembled, and the upper receiver completely removed, the lower receiver continues to be a "fixed magazine" firearm when it is properly installed with a compatible 10 round magazine. 

• The FC-Hook works on most mil-spec AR-15s and AR-10s.  

• The FC-Hook works in conjunction with compatible California compliant 10 round magazines of various calibers. The FC-Hook may not work with all California compliant 10 round magazines or calibers. It is important to verify the FC-Hook is properly installed and comparable with your magazine.  If your magazine is not compatible, you will need to obtain a compatible California compliant 10 round magazine in order to be compliant. We recommend using the Magpul PMAG® 10 AR/M4 GEN M3™ 5.56X45NN NATO [MAG559] for use in .223/5.56 AR-15s; and the Magpul PMAG® 10 LR/SR GEN M3™ 7.62x51 NATO [MAG290] for use in 7.62/.308WIN AR-10s. 

                                                 



                                                    


***ALL FC-HOOK SALES ARE FINAL***

Due to the changing landscape of legislation and regulation in California, All sales are final. We will replace any defective FC Hook within 60 days from the date of purchase as long as you have proof of purchase from us or any authorized Dealer.