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California State Laws
State Laws and Published Ordinances - California Current through all 372 Chapters of the 2020 Regular Session. Attorney General's Office Los Angeles Field Division California Department of Justice 550 North Brand Blvd, Suite 800 Attention: Public Inquiry Unit Glendale, CA 91203 Post Office Box 944255 Voice: (818) 265-2500 Sacramento, CA 94244-2550 https://www.atf.gov/los-angeles- Voice: (916) 210-6276 field-division https://oag.ca.gov/ San Francisco Field Division 5601 Arnold Road, Suite 400 Dublin, CA 94568 Voice: (925) 557-2800 https://www.atf.gov/san-francisco- field-division Table of Contents California Penal Code Part 1 – Of Crimes and Punishments Title 15 – Miscellaneous Crimes Chapter 1 – Schools Section 626.9. Possession of firearm in school zone or on grounds of public or private university or college; Exceptions. Section 626.91. Possession of ammunition on school grounds. Section 626.92. Application of Section 626.9. Part 6 – Control of Deadly Weapons Title 1 – Preliminary Provisions Division 2 – Definitions Section 16100. ".50 BMG cartridge". Section 16110. ".50 BMG rifle". Section 16150. "Ammunition". [Effective until July 1, 2020; Repealed effective July 1, 2020] Section 16150. “Ammunition”. [Operative July 1, 2020] Section 16151. “Ammunition vendor”. Section 16170. "Antique firearm". Section 16180. "Antique rifle". Section 16190. "Application to purchase". Section 16200. "Assault weapon". Section 16300. "Bona fide evidence of identity"; "Bona fide evidence of majority and identity'. Section 16330. "Cane gun". Section 16350. "Capacity to accept more than 10 rounds". Section 16400. “Clear evidence of the person’s identity and age” Section 16410. “Consultant-evaluator” Section 16430. "Deadly weapon". Section 16440. -
Ala. Code1975, § 13A-10-193.2 Unlawful Manufacture of Destructive Device Or Bacteriological Or Biological Weapon in the First
Ala. Code1975, § 13A-10-193.2 Unlawful Manufacture of Destructive Device or Bacteriological or Biological Weapon in the First Degree (Manufactures destructive device or bacteriological or biological weapon) The defendant is charged with unlawful manufacture of a destructive device or bacteriological or biological weapon in the first degree. A person commits the crime of unlawful manufacture of a destructive device or bacteriological or biological weapon in the first degree if he/she manufactures a destructive device or bacteriological or biological weapon and two or more of the following conditions occur in conjunction with that act: [Read as appropriate]: a. Use of a booby trap or manufacture of a booby trap; b. Illegal possession, transportation, or disposal of hazardous or dangerous materials or while transporting or causing to be transported materials in furtherance of a clandestine laboratory operation, there was created a substantial risk to human health or safety or a danger to the environment; c. A clandestine laboratory operation was to take place, or did take place, within 500 feet of a residence, place of business, church, or school; d. A clandestine laboratory operation actually produced any amount of a specified destructive device or bacteriological or biological weapon; (AND/OR) e. A person under the age of 17 was present during the manufacturing process. To convict, the State must prove beyond a reasonable doubt each of the following elements: (1) The Defendant manufactured a: [Read as appropriate]: (a) Destructive device; (b) Bacteriological weapon; [OR] (c) Biological weapon; [insert description of item]; (2) Two or more of the following conditions occur in conjunction with that act: [Read as appropriate]: a. -
Regulation Governing Firearm Cartridges and Archery Equipment
CHAPTER 32 REGULATION GOVERNING FIREARM CARTRIDGES AND ARCHERY EQUIPMENT Section 1. Authority. This regulation is promulgated by authority of Wyoming Statutes § 23-1-302, § 23-2-104, § 23-3-110 and § 23-3-111. Section 2. Regulation. The Commission hereby adopts the following regulation governing firearm cartridges and archery equipment for the taking of big or trophy game animals and game birds. Section 3. Definition. In addition to the definitions set forth in Title 23 of the Wyoming Statutes, the Commission also adopts the following definitions for the purpose of this chapter: (a) “Archery Equipment” means crossbows, longbows, recurve bows, compound bows, arrows and bolts. (b) “Expanding Point Bullet” means any bullet designed by its manufacturer to create a wound channel larger than the bullet’s diameter. (c) “Smart Firearm” means any firearm equipped with a computerized targeting system that marks a target, calculates a firing solution and automatically discharges the firearm at a point calculated to most likely hit the marked target. (d) “Trackable Arrow Technology” means any technology or device that allows for a hunting arrow to be tracked or more readily located while in the field. This includes, but is not necessarily limited to, lighted arrow nocks, GPS devices inserted into an arrow shaft or Bluetooth arrow nocks, which facilitate locating a hunting arrow once it is shot from a bow. Section 4. Firearms, muzzle-loaders and cartridges that are legal for the taking of big or trophy game animals. (a) For the taking of bighorn sheep, -
United States Court of Appeals for the Ninth Circuit
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-50536 Plaintiff-Appellee, D.C. No. v. 3:10-cr-04083- WQH-1 YOAHJAN LARA FLORES, Defendant-Appellant. UNITED STATES OF AMERICA, No. 11-50539 Plaintiff-Appellee, D.C. No. v. 3:10-cr-04083- WQH-3 ALFREDO RUBIO LARA, Defendant-Appellant. UNITED STATES OF AMERICA, No. 11-50555 Plaintiff-Appellee, D.C. No. v. 3:10-cr-04083- WQH-2 ARTURO LARA, Defendant-Appellant. OPINION 2 UNITED STATES V. FLORES Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding Argued and Submitted March 7, 2013—Pasadena, California Filed August 30, 2013 Before: Richard A. Paez and Paul J. Watford, Circuit Judges, and Leslie E. Kobayashi, District Judge.* Opinion by Judge Paez SUMMARY** Criminal Law Vacating sentences and remanding for resentencing for conspiracy to possess an unregistered firearm, the panel held that the definition of a missile under 26 U.S.C. § 5845(f) and U.S.S.G. § 2K2.1(b)(3)(A) is a self-propelled device designed to deliver an explosive. The panel concluded that because the 40-mm cartridges in this case do not qualify as missiles, the district court erred * The Honorable Leslie E. Kobayashi, District Judge for the U.S. District Court for the District of Hawaii, sitting by designation. ** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. UNITED STATES V. -
The Relevance of a Defendant's Subjective Intent in Defining a “Destructive Device” Under the National Firearms Act
Fordham Law Review Volume 79 Issue 2 Article 6 November 2011 Just a Soul Whose Intentions Are Good? The Relevance of a Defendant's Subjective Intent in Defining a “Destructive Device” Under the National Firearms Act Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Just a Soul Whose Intentions Are Good? The Relevance of a Defendant's Subjective Intent in Defining a “Destructive Device” Under the National Firearms Act, 79 Fordham L. Rev. 563 (2011). Available at: https://ir.lawnet.fordham.edu/flr/vol79/iss2/6 This Note is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. JUST A SOUL WHOSE INTENTIONS ARE GOOD? THE RELEVANCE OF A DEFENDANT’S SUBJECTIVE INTENT IN DEFINING A “DESTRUCTIVE DEVICE” UNDER THE NATIONAL FIREARMS ACT Elliot Buckman* This Note addresses the three-way circuit split among the U.S. Courts of Appeals over when, and to what extent, a court may consider a defendant’s subjective intent in defining a “destructive device” under the National Firearms Act. The circuit split centers on the Act’s ambiguous reference to intent in its definition of a destructive device, which is a statutorily prohibited firearm. After discussing the Act’s legislative history and development, this Note considers the role of mens rea in National Firearms Act cases. -
Quick Reference to Federal Firearms Laws
QUICK REFERENCE TO FEDERAL FIREARMS LAWS I. POSSESSION OF A FIREARM OR AMMUNITION BY A PROHIBITED PERSON: 18 USC § 922(g) & (n). Punishable by up to 10 years imprisonment. May receive minimum sentence of 15 years without parole if offender has three or more prior convictions for a felony crime of violence (e.g. burglary, robbery, assault, possession of offensive weapons) and/or drug trafficking felony. Elements A. Possession or receipt of a firearm or ammunition; B. By a subject who falls within one of the following categories: Felon - (Additionally, persons awaiting trial on felony charges are prohibited from receiving firearms.); Drug user or addict - (Often shown where paraphernalia seized, subject tests positive for drugs and/or subject claims drugs were possessed for personal use.); Alien - (Includes illegal aliens and aliens lawfully admitted under non-immigrant visas, i.e., those aliens not admitted for permanent residence. This provision does not prohibit aliens who lawfully possess a so-called “green card” from possessing guns or ammunition.); Is subject to a domestic restraining order - (The order must prohibit contact with an intimate partner, or child of the subject, and must have been issued only after a hearing of which the subject was notified and at which the subject had an opportunity to participate. The order must also find the subject poses a threat to the physical safety of the intimate partner or child or must prohibit the use, threatened use or attempted use of physical force.); Has a prior conviction for domestic assault - (Includes a prior conviction for any assault or threatened use of a deadly weapon against a present or former spouse or partner or child or guardian of any such person. -
Short-Barreled Rifle
U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives Office of the Director Washington, DC 20226 26 U.S.C. 5845(a)(3): DEFINITIONS (FIREARM ) 26 U.S.C. 5845(a)(4): DEFINITIONS (FIREARM) 26 U.S.C. 5845(c): DEFINITIONS (RIFLE) 27 CFR 479.11: DEFINITIONS (RIFLE) 27 CFR 479.11: DEFINITIONS (PISTOL) A firearm, as defined by the National Firearms Act (NFA), 26 U.S.C. 5845(a)(3), is made when unassembled parts are placed in close proximity in such a way that they: (a) serve no useful purpose other than to make a rifle having a barrel or barrels of less than 16 inches in length; or (b) convert a complete weapon into such an NFA firearm. A firearm, as defined by 26 U.S.C. 5845(a)(3) and (a)(4), is not made when parts within a kit that were originally designed to be configured as both a pistol and a rifle are assembled or re-assembled in a configuration not regulated under the NFA (e.g., as a pistol, or a rifle with a barrel or barrels of 16 inches or more in length). A firearm, as defined by 26 U.S.C. 5845(a)(3) and (a)(4), is not made when a pistol is attached to a part or parts designed to convert the pistol into a rifle with a barrel or barrels of 16 inches or more in length, and the parts are later unassembled in a configuration not regulated under the NFA (e.g., as a pistol). -
BCI Firearms Methods Manual
Ohio BCI Laboratory LM-Firearms Methods Issuing Authority: Laboratory Director Effective Date 08/28/2020 Revision 18 Page 1 of 54 Firearms Methods Manual Table of Contents 1 Procedure for the Examination of Firearms ............................................................... 4 1.1 Safety Considerations ......................................................................................... 4 1.2 Safe Firearm Handling......................................................................................... 4 1.2.1 Pre-firing safety examinations........................................................................ 5 1.2.2 Test Firing and Evidence Examination ............................................................ 5 1.3 Examination Documentation.............................................................................. 6 1.4 Physical Examinations......................................................................................... 7 1.4.1 Foreign Material.............................................................................................. 7 1.4.2 Barrel & Overall Length Measurement........................................................... 7 1.4.3 Rusted Firearms ............................................................................................ 10 1.4.4 Firearm Malfunction Examination................................................................ 10 1.4.5 Bore/Chamber Casting.................................................................................. 12 1.5 References ....................................................................................................... -
Arkansas Code Title 5 – Chapter 73 Weapons (Generally) 5-73-101. Definitions
1 Arkansas Code Title 5 – Chapter 73 Weapons (Generally) 5-73-101. Definitions. As used in this chapter: o (1) "Blasting agent" means any material or mixture consisting of fuel and oxidizer intended for blasting if the finished product as mixed for use or shipment cannot be detonated by means of a No. 8 test blasting cap when unconfined; o (2) "Collegiate athletic event" means a sporting or athletic contest, event, or practice of an individual or team of individuals in which one (1) or more individuals or a team of individuals sponsored by, funded by, represented by, or associated with a public or private university, college, or community college competes against themselves or another individual or team of individuals; o (3) "Contraband" means any explosive material that was used with the knowledge and consent of the owner to facilitate a violation of this subchapter, as well as any explosive material possessed under circumstances prohibited by law; o (4) "Destructive device" means: . (A) Any of the following: . (i) Any explosive, incendiary, or poison gas; . (ii) Bomb; . (iii) Grenade; . (iv) Rocket having a propellant charge of more than four ounces (4 oz.); . (v) Missile having an explosive or incendiary charge of more than one-quarter ounce (.25 oz.); . (vi) Mine; or . (vii) Similar device; and . (B) Any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subdivision (4)(A) of this section and from which a destructive device may be readily assembled for use as a weapon; o (5) . (A) "Detonator" means any device containing any initiating or primary explosive that is used for initiating detonation. -
Notice of Lodging and Lodging of Federal Authorities
12 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 IN AND FOR THE COUNTY OF FRESNO 14 EDWARD W. HUNT, in his official ) CASE NO. 01CECG03182 capacity as District Attorney of Fresno ) 15 County, and in his personal capacity as a ) NOTICE OF LODGING AND LODGING OF citizen and taxpayer, et. aI., ) FEDERAL AUTHORITIES 16 ) Plaintiffs, ) Date: April 10, 2002 17 ) Time: 3:00 p.m. v. ) Dept.: 98A 18 STATE OF CALIFORNIA; WILLIAM ) 19 LOCKYER, Attorney General of the State of~ California, et. aI., ) 20 Defendants. ) 21 -------------------------) 22 Plaintiffs hereby lodges the following federal authorities cited in our Reply to Defendants' 23 Opposition for Preliminary Injunction: 24 l. Crandon v. United States (1990) 494 US 152 [110 S.Ct. 997, 108 L.Ed.2d 132]. 25 2. Davis v. Erdmann (10th Cir. 1979) 607 F.2d 917. 26 3. Evans v. u.s. Parole Com'n (7th Cir. 1996) 78 F.3d 262. 27 4. F.J Vollmer Co., Inc. v. Higgins (D.C.Cir. 1994) 23 F.3d 448 [306 U.S.App.D.C. 140]. 28 1 NOTICE OF LODGING OF AUTHORITIES AP~. 4. 2002 5: 16PM NO. 2576 P. 8 -- 1 C.D. Michel- S.B.N. 144258 TRUTANICH • MICHEL, LLP 2 Port of Los Angeles 407 North Harbor Boulevard 3 San Pedro, California 90731 (310) 548-0410 4 .~ ~'l ~[DJ Stephen P. Halbrook 5 LAW OFFICES OF STEPHEN p, HALBROOK APR • ~~ 20~~ 10560 Main Street.1 Suite 404 6 Fairfax, Virginia 22030 FR~SNO COUNTY SUPERIOR COU~T (703) 352-7276 Ev 7 • ----:Cr""'l:X-.=DE::;;"PU;;-;'l'( Don B. -
Summary of Federal Firearms Laws
SUMMARY OF FEDERAL FIREARMS LAWS OFFICE OF THE UNITED STATES ATTORNEY DISTRICT OF MAINE SEPTEMBER 2010 Summary Of Federal Firearms Laws—September 2010 INTRODUCTION Maine has historically had a violent crime rate well below the national average. Nonetheless, every effort must be made to further reduce violence to ensure that we are safe on our streets and in our homes. Because the causes of violence in Maine and in society generally are numerous and varied, the solutions require a concerted national and local effort. To that end, the Department of Justice and the U.S. Attorney’s Office in Maine have instituted Project Safe Neighborhoods (PSN Maine), an initiative designed to reduce gun violence in Maine. A PSN Task Force including representatives from local and state law enforcement, domestic violence groups, schools, civic groups and business works to develop a comprehensive strategy to address this issue. Part of this strategy includes support for violent crime task forces in Lewiston and Bangor and an aggressive enforcement policy for gun crimes. The federal government has generally lacked jurisdiction to prosecute many violent crimes. Accordingly, the burden has traditionally fallen upon state and local law enforcement officers and prosecutors. However, Congress has increasingly broadened federal jurisdiction which enables federal agents and federal prosecutors to become more involved in the enforcement effort against violence. This document is designed to be a concise summary of some of the federal statutes which can be used to prosecute violent offenders. It is not all-inclusive; however, it describes the principal statutes available. By distributing this information, we hope to generate referrals of cases to our office or the appropriate federal agency and hence assist state prosecutors and law enforcement personnel in their efforts to combat violent crime within our state. -
223 Remington 1 .223 Remington
.223 Remington 1 .223 Remington .223 Remington A variety of .223 Remington cartridges and a .308 Winchester (right) for comparison. Bullets in .223 cartridges (left to right): Montana Gold 55 grain Full Metal Jacket, Sierra 55 grain Spitzer Boat Tail, Nosler/Winchester 55 grain Combined Technology, Hornady 60 grain V-MAX, Barnes 62 grain Tipped Triple-Shock X, Nosler 69 grain Hollow Point Boat Tail, Swift 75 grain Scirocco II. Type Rifle/varmint Place of origin United States Production history Designer Remington Arms Designed 1964 Variants .223 Ackley Improved, 5.56×45mm NATO Specifications Parent case .222 Remington Case type Rimless, bottleneck Bullet diameter .224 in (5.7 mm) Neck diameter .253 in (6.4 mm) Shoulder diameter .354 in (9.0 mm) Base diameter .376 in (9.6 mm) Rim diameter .378 in (9.6 mm) Rim thickness .045 in (1.1 mm) Case length 1.76 in (45 mm) Overall length 2.26 in (57 mm) Rifling twist 1 in 12 inch (military style rifles use 1:7 to 1:10 to stabilize longer bullets) Primer type Small rifle Maximum pressure 55,000 psi (380 MPa) Ballistic performance Bullet weight/type Velocity Energy 36 gr (2 g) JHP 3,750 ft/s (1,140 m/s) 1,124 ft·lbf (1,524 J) 55 gr (4 g) Nosler ballistic tip 3,240 ft/s (990 m/s) 1,282 ft·lbf (1,738 J) 60 gr (4 g) Nosler partition 3,160 ft/s (960 m/s) 1,330 ft·lbf (1,800 J) 69 gr (4 g) BTHP 2,950 ft/s (900 m/s) 1,333 ft·lbf (1,807 J) .223 Remington 2 77 gr (5 g) BTHP 2,750 ft/s (840 m/s) 1,293 ft·lbf (1,753 J) Test barrel length: 24 inches (61 cm) [] Source(s): Federal Cartridge The .223 Remington is a cartridge with almost the same external dimensions as the 5.56×45mm NATO military cartridge.