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Old 1st Jan 2002, 10:05 PM   #1
striderteen
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Benelli M1 Super 90 -- Legal in California?

I need a lawyer or other expert to double-check my logic here.

AFAIK, California gun laws ban any "assault" shotgun , defining such as a semiautomatic shotgun with both a pistol grip AND a folding/telescoping stock.

That means a Benelli M1 Super 90 is legal, right? It has a pistol grip, but no folding stock.
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Old 1st Jan 2002, 10:10 PM   #2
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There may be a magazine capacity issue too (but I don't know what the rules are for shotguns in PRK).

You can always get the M1 with the non-pistol grip stock.
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Old 1st Jan 2002, 11:03 PM   #3
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Capacity limit here is ten rounds -- the M1's okay, as it's either 5+1or 3+1, the latter being the "Field" model, which is designed for hunting (three rounds is the legal limit for hunting shotguns).
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Old 1st Jan 2002, 11:15 PM   #4
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I wonder if a Saiga 12ga would be out of the question in Kali


http://www.gunbroker.com/auction/Vie...p?Item=2813766
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Old 2nd Jan 2002, 12:55 AM   #5
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I'm not a lawyer but according to the laws as reported by the NRA, a M90 isn't an Assault Weapon. Sounds like you are good to go.

Bet that is expensive as hell in kalifornia though!

Saiga should be OK too. Semiauto with a detachable magazine but NO folder. Now there is a slug gun!!!

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Old 2nd Jan 2002, 01:20 AM   #6
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By the time i turn 18 they are going to make pistols illegal here in Cali
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Old 2nd Jan 2002, 08:35 AM   #7
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Quote:
Originally posted by Technophile
I'm not a lawyer but according to the laws as reported by the NRA, a M90 isn't an Assault Weapon. Sounds like you are good to go.

Bet that is expensive as hell in kalifornia though!

Saiga should be OK too. Semiauto with a detachable magazine but NO folder. Now there is a slug gun!!!

Here's the 94 NFA law:

"A semiautomatic shotgun that has at least 2 of the following features:

1. a folding or telescoping stock.
2. a pistol grip that protrudes conspicuously beneath the action of the weapon.
3. a fixed magazine capacity in excess of 5 rounds.
4. an ability to accept a detachable magazine."

Here's Kaliban's 2000 law:

"Effective January 1, 2000, the definition of "assault weapon" also includes any of the following: (1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and 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) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. (4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following: (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. (B) A second handgrip. (C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel. (D) The capacity to accept a detachable magazine at some location outside of the pistol grip. (5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

(6) A semiautomatic shotgun that has both of the following: (A) A folding or telescoping stock. (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
(8) Any shotgun with a revolving cylinder.

(b) "Assault weapon" does not include any antique firearm. (c) The following definitions shall apply under this section: (1) "Magazine" shall mean any ammunition feeding device. (2) "Capacity to accept more than 10 rounds" shall mean capable of accommodating more than 10 rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds. (3) "Antique firearm" means any firearm manufactured prior to January 1, 1899. Firearms that fit the above descriptions which were possessed on December 31, 1999 can be kept if they are registered between January 1, 2000 and December 31, 2000. Firearms that are on the Roberti-Roos list, but not currently validly registered, cannot now be registered."

Anybody confused yet? Looks like a Benelli with a fixed stock and a 5 cap mag is legal in Kaliban. However, the Saiga is illegal seeing it is a detachable mag shotgun. And look what they made our beautiful AR-15 into...

http://www.gogogadgets.net/

Grrrrrrrr...
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Old 2nd Jan 2002, 09:03 AM   #8
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I'd like to remind you that some people live in countries where any shotgun is illegal, any pistol with a magazine outside the grip is illegal, any semi-auto rifle is illegal, and CCW is unheard of.

Be thankful you have even that mutated AR-15.

(BTW, that country is Australia .)
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Old 2nd Jan 2002, 01:24 PM   #9
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Quote:
Originally posted by jaunty
I'd like to remind you that some people live in countries where any shotgun is illegal, any pistol with a magazine outside the grip is illegal, any semi-auto rifle is illegal, and CCW is unheard of.

Be thankful you have even that mutated AR-15.

(BTW, that country is Australia .)
... tell me about it...



PS.
Look at location...
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Old 2nd Jan 2002, 05:26 PM   #10
Technophile
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Maybe you should burn your own oppressive flag then???

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Old 2nd Jan 2002, 07:36 PM   #11
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You gotta be 21 to own a pistol in Kali dude, or I would of had one a long time ago.
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Old 2nd Jan 2002, 08:09 PM   #12
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Soon, sharp sticks and butter knives will be outlawed in The Realm Of Kalifornia. Hurry up and slide off the country, stupid state. *jumps up and down on the San Andreas faultline*
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Old 2nd Jan 2002, 10:10 PM   #13
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Yeah, no kiddin. And take Feinstein too before she makes the United States into Amerikastan.
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An Irishman arrived at JFK Airport and wandered around the terminal with tears streaming down his cheeks. An airline employee asked him if he was already homesick.

"No," replied the Irishman. "I've lost all me luggage!"

"How'd that happen?"

"The cork fell out!" said the Irishman.
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Old 2nd Jan 2002, 11:44 PM   #14
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Yeah I vote for New Atlantis at the bottom of the sea too!

Seriously with any luck we will get the Supreme Court of the United States to rule the 2nd Amendment applies to individuals and in the mind of the framers of the Constitution intended to protect weapons of military significance.

Goodbye NFA '34, GCA '68, Crime bill '94 (which will hopefully be allowed to sunset anyway)

WooHoo!
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Old 3rd Jan 2002, 01:20 AM   #15
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Been done already. Fifth Circuit of Appeals in the 98 Emerson case.. they didn't have to go up to the SCOTUS because they just quoted their '39 Miller case.

http://www.keepandbeararms.com/Emerson/ap10172001.htm
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An Irishman arrived at JFK Airport and wandered around the terminal with tears streaming down his cheeks. An airline employee asked him if he was already homesick.

"No," replied the Irishman. "I've lost all me luggage!"

"How'd that happen?"

"The cork fell out!" said the Irishman.
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Old 3rd Jan 2002, 01:43 AM   #16
Technophile
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Sorry Dupre you are a little behind the times yourself.

http://www.keepandbeararms.com/newsa...articleid=2154
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Old 3rd Jan 2002, 09:18 AM   #17
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Breaking news!

Recently in Califorina, hands and legs have been banned, everyone under the age of 18 must report to a hospital to be amputated, when you turn 18 you can buy new ones.

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What the hell is going to stop you from MAKING a folding-telescopic stock, or heavily converting it to full-auto?

It may be illegal, but who the hell said you had to go license it?
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Old 3rd Jan 2002, 09:30 AM   #18
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A gun is only as illegal as the cops can take it from you, and most cops won't want to try a gun from someone because he obviously has one As long as you don't drive past a cop at 60 mph in a school zone waving hello at the cop with your shotgun in your hand I don't think it will matter.
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Old 3rd Jan 2002, 10:22 AM   #19
Dupre
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Quote:
Originally posted by RogueLeader
A gun is only as illegal as the cops can take it from you, and most cops won't want to try a gun from someone because he obviously has one As long as you don't drive past a cop at 60 mph in a school zone waving hello at the cop with your shotgun in your hand I don't think it will matter.
Uh, in my state, it is legal to have long guns in a vehicle. Granted, you shouldn't be waving it at cops while driving by, but also the gun-free school zone was also struck down by the SCOTUS. That's why it's only drug-free now; gun-free made it an instant felony for legal, law-abiding residents of homes that were located within the 1,000 feet boundary of a school.

Technophile: There is a good likelyhood that SCOTUS will not even hear the case. Remember, Emerson needs to appeal his case up to SCOTUS because he is trying to overturn a federal law that has him in hot water. If the SCOTUS does not hear the case, he's stuck with the felony but it also means they endorse the ruling by the lower appeals court. Now, what legal discrepancies we do have is a ruling in Third Circuit of Appeals that implies RKBA is only a collective right. With two conflicting lower courts, you'd think it would be enough for the Emerson case to be heard in SCOTUS if not for just the sake of the Second Amendment. We'll see. With just the Fifth Circuit ruling, that's good enough for me and the state that I live in. Me behind the times? I think I'm right on top of things.
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An Irishman arrived at JFK Airport and wandered around the terminal with tears streaming down his cheeks. An airline employee asked him if he was already homesick.

"No," replied the Irishman. "I've lost all me luggage!"

"How'd that happen?"

"The cork fell out!" said the Irishman.
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Old 3rd Jan 2002, 06:46 PM   #20
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Yeah Dupre, the appellate court ruling is better than we have had in a long time anyway. If that is all that comes out of Emerson I would be happy.

I'm hopeful that the Supreme Court will finally do the right thing for the Second Amendment though. Not holding my breath either.

Judge Sam Cummings is not only from my state, he is from my town! I can put my AK in the rack and never get stopped. Sometimes you get "THE LOOK" but that's it.
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