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  #31  
Old 02-11-2020, 08:56 PM
jw762 jw762 is offline
 
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Default Virginia legislation

I've read every version of the Senate and House bills since the first one was filed in December. None contained any language that to the effect, "capable of holding a magazine" of a given number rounds in regards to defining an "assault weapon."

The original bill would have outlawed "assault weapons." Then they changed it to "grandfather" those currently held, but with registration. Now even that has gone by the wayside. Looks like they will settle for just banning the new sale of such guns, but you can keep what you have with no registration.

Magazine limit has gone from 10 rounds to 12 rounds.

Someone mentioned the California magazine ban; what I understand from various news sources: Last year District Court Judge Benitez threw out the magazine ban. The state appealed to the 9th Circuit and Judge Benitiz reinstated the ban while the appeal was pending. A three judge panel in the 9th Circuit heard the case and upheld Judge Benitez's ruling that the magazine ban was unconstitutional. The state promptly appealed again so now the case will have to be heard by the full 9th Circuit. How long that will take is anybody's quess.

In Virginia yesterday, the current House Bill, HB 961, passed 51 to 48. All 45 Republicans voted against it along with three Democrats. (House of Delegates has 100 members; 45 Republicans and 55 Democrats.) Now it goes to the Senate.

The Senate has 40 members; 19 Republicans and 21 Democrats. Just need two Democrats to vote against it.
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  #32  
Old 02-11-2020, 09:56 PM
YahooMarine YahooMarine is offline
 
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Here is an excerpt with the exact wording:

2. A semi-automatic center-fire rifle that expels single or multiple projectiles by action of an
399 explosion of a combustible material that has the ability to accept a detachable magazine and has one of
the following characteristics: (i) a folding or telescoping stock; (ii) a


So, if the firearm has a detachable magazine and any one of the evil features it is an assault weapon regardles of the capacity of the mag.

Example is the M1 Carbine with a bayo lug.

Rich
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  #33  
Old 02-11-2020, 10:20 PM
jayej2156 jayej2156 is offline
 
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Location: Martinsville, Va
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I can take care of the bayonet lug, if need be. I went on the Gen Assy site today to try to read the exact bill voted on, but all I could find was the version before the changes, & I don't think it had all the details. You can bet today, & tonight the Gov is making every back door deal imaginable to all his party's senators to get what he wants. I hope he is wasting his time.
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  #34  
Old 02-11-2020, 10:29 PM
jw762 jw762 is offline
 
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Yahoo Marine,

I was commenting on a post above, "... if a rifle is capable of holding a magazine of over 10 rounds it is an assault rifle." That is not stated in the proposed law. It is NOT the capacity of the magazine that makes it an assault rifle.

As your post shows, the rifle has to be semi-automatic, centerfire, "has the ability to accept a detachable magazine" AND have one characteristic from a list which follows. The number of rounds the magazine holds is not delineated. You could have a one round magazine and it would still be an assault rifle.

The CAPACITY of the detachable magazine is not a factor in classifying a gun as an assault rifle.

Last edited by jw762; 02-11-2020 at 10:32 PM. Reason: clarity
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  #35  
Old 02-11-2020, 11:15 PM
YahooMarine YahooMarine is offline
 
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Yes, I see and agree jw. The wording of the most recent version of the House bill is convoluted and confusing. It appears to apply to any semi-auto handgun with a detachable magazine and one of the nasty features as well. This bill was put together by a committee of know-it-all know-nothings.

Rich
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  #36  
Old 02-12-2020, 11:26 AM
.30 Carbine .30 Carbine is offline
 
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Quote:
Originally Posted by YahooMarine View Post
Here is an excerpt with the exact wording:

2. A semi-automatic center-fire rifle that expels single or multiple projectiles by action of an
399 explosion of a combustible material that has the ability to accept a detachable magazine and has one of
the following characteristics: (i) a folding or telescoping stock; (ii) a


So, if the firearm has a detachable magazine and any one of the evil features it is an assault weapon regardles of the capacity of the mag.

Example is the M1 Carbine with a bayo lug.

Rich
I maybe wrong, but my interpretation of HB 961 is that the M1 Carbine is not an "assault weapon" because it falls under a curio and relic.

Line 424: ""Assault firearm" includes any part or combination of parts designed or intended to convert, modify, or otherwise alter a firearm into an assault firearm, or any combination of parts that may be readily assembled into an assault firearm. "Assault firearm" does not include (i) a firearm that has been rendered permanently inoperable, (ii) an antique firearm as defined in 18.2-308.2:2, or (iii) a curio or relic as defined in 18.2-308.2:2."

"Curios or relics" means firearms that are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as curios or relics, firearms must fall within one of the following categories:

1. Firearms that were manufactured at least 50 years prior to the current date, which use rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade, but not including replicas thereof;

2. Firearms that are certified by the curator of a municipal, state, or federal museum that exhibits firearms to be curios or relics of museum interest; and

3. Any other firearms that derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Proof of qualification of a particular firearm under this category may be established by evidence of present value and evidence that like firearms are not available except as collectors' items, or that the value of like firearms available in ordinary commercial channels is substantially less.
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  #37  
Old 02-12-2020, 12:51 PM
YahooMarine YahooMarine is offline
 
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30: That is an excellent observation. By the end of this year all USGI carbines will be 75 years old, easily exceeding the C&R requirement.

Here is the wording again:

1. Firearms that were manufactured at least 50 years prior to the current date, which use rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade, but not including replicas thereof;

I can read that same sentence and interpret that to refer to ammo for the firearm and not the firearm itself. Probably overthinking this.

There is still the pesky 12 round mag limit. Wonder if C&R covers the original USGI magazines.

Thinking deeper, my small but valuable stash of USGI M14 parts are likely all older than 50 years as well so would not fall under the parts of assault weapons taboo.

Going to need a better legal mind than mine to clarify this. Any help out there?

Thanks, Rich
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  #38  
Old 02-12-2020, 07:35 PM
jw762 jw762 is offline
 
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The parts of the proposed bill dealing with C&R firearms are subject to interpretation. And the interpretation will be done by a judge after the gun owner has been arrested.

The M1 Carbine may be over 50 years old but the ammo is manufactured in the U.S. and readily available. The part about museum curators will probably apply only to firearms in the museum's collection. And there is nothing novel, rare, or bizarre about M1 Carbines; I see them for sale at every gun show and on numerous online auction sites. Associated with some historical figure, period, or event? Maybe, but like I said, the interpretation will be done by a judge.
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  #39  
Old 02-12-2020, 08:34 PM
YahooMarine YahooMarine is offline
 
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jw: Sadly, that is how I read it. However, I am betting that the Senate will really water this down to get it passed or will let it die for the year. Two Senators on the dem side have already voted against a couple of gun control bills and two more may do so on this one. Only need two of the four to help us.

Next year is a short legislative session so if the assault weapon bans dies this year it could be dead for two years. Time enough to reach the next House election and vote 6 or more of the really liberal dems out and reflip the legislature.

We will know soon.

Rich
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  #40  
Old 02-12-2020, 09:52 PM
jayej2156 jayej2156 is offline
 
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Yea, on the C & R firearms i kinda read the thing as if the ammo was rare & scarce . It's kinda like they are trying to give you a positive on one end & a negative on another. It is un0cleare & laws should be able to be clearly read.
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