Gun manufacturers are attempting to circumvent California gun restrictions by selling illegal gun merchandise under the name “repair kit.”
Currently, Californians are not able to purchase magazines that hold more than 10 rounds. San Francisco City Attorney Dennis Herrera argues that gun manufacturers 44Mag Distributing of Oregon, Exile Machine of Texas and Copes Distributing of Ohio are exploiting a loophole that allows Californians to purchases illegal gun products. A magazine with more than 10 rounds is illegal under California law, but breaking down the magazine into its component pieces and selling it as a repair kit is perfectly legal.
Exile Machine’s website reads: “If you purchase magazines which hold more than 10 rounds, we will automatically disassemble them into 100 percent legal repair/rebuild kits for compliance with CA law. We do not charge extra for this service. Your invoice will clearly state (in ALL CAPS & BOLD) that you are receiving disassembled repair/rebuild kits. Note that a few types of magazines are welded shut and can not be disassembled.”
The website continues, “They are not intended for reassembly into new high capacity magazines, which would be a felony under California law.”
Herrera hopes to close the loophole by filing a lawsuit against the three manufacturers for openly violating state law. The suit alleges that “the disassembled equipment is intended for easy reassembly by purchasers into complete, fully functional high-capacity magazines that dramatically enhance the lethality of otherwise lawful firearms.”
Selling all of the parts of an illegal product is a slap in the face of California legislators. While it may not be technically illegal, it comes close enough that Herrera might very well win his lawsuit.
“Our common sense laws balance public safety imperatives with the constitutional rights of responsible gun owners, and they deserve to be aggressively enforced,” Herrera said.
It is a sticky situation that runs along the gray area between what is legal and what is illegal. Assuming it makes its way to court, a California judge could easily rule in favor of either side.
The core issue is not about guns as much as it is about reading between the lines. Are exploiting technicalities perfectly acceptable, or should gun manufacturers follow the spirit of the law in addition to the letter of the law?
Source: Dallas News