To: firearms-alert@shell.portal.com Subject: CA: California Rifle & Pistol Assn. (CRPA) weekly legislative update Date: Wed, 26 Jul 1995 14:52:41 PDT From: John Walker 7/25/95 Here is the weekly legislative update from the California Rifle and Pistol Assn. (CRPA). This is a transcript from a broadcast made on the "It's not about Guns,. . .It's about Freedom" radio show on KIEV 870 A.M. (Glendale, CA). Broadcasted each Tuesday night from 8:30 P.M. to 10:30 P.M. Typing errors are my own. My own comments in []. ***********Beginning of Article******* Good evening, this is Gerald Upholt, Manager of Governmental Affairs for the California Rifle and Pistol Association with a "Legislative Watch" report on activities in the state capitol. The state legislature has passed and sent to the Govenor for signing into law, legislation AB 1305, authored by Republican Assemblyman Larry Bowler of Elk Grove, that will make it clear that the State Fish and Game Code prohibition on possessing a shotgun larger than 10 gauge in size or having a magazine capacity of greater than six rounds applies only while hunting, not for other purposes such as for target practice, collecting or self-defense. [From what I hear, this has only been a problem during the Klintone regime. Sounds like the slickster wanted all of his gestapo personnel to be confiscating any and as many firearms as they could get away with.] Under a California Supreme Court decision from the year 1898, case law has stated that these restrictions on shotgun gauge and on magazine capacity apply only while hunting. Yet, because the statute law in the State Fish and Game Code does not reflect this case law, Fish and Game wardens have in recent years begun citing people whom they encounter possessing these shotguns while target shooting, but who are not engaged in hunting activities. Unfortunately, the duties of game wardens have been expanding at a rapid rate and they have less time for learning about case law and must rely more on the actual wording of the Fish and Game Code, a copy of which each game warden carries in his or her patrol vehicle. AB 1305, by incorporating case law into the statutory law contained in the Fish and Game code, will assist game wardens in carrying out their duties and will save affected shotgun owners the expense, time and trouble of hiring an attorney and going to court to fight a citation for an offense which does not really exist in the law and of which they are therefore not guilty. [This has amounted to nothing more than a tool to harrass gun owners and nothing else.] ***************End of article******** By the way, The people in the Fullerton, CA office of the CRPA deserve a pat on the back for making this update available for posting on the internet. If you want to let them know that you appreciate this, their phone number is (714) 992-2772 or if you want to fax them a note of thanks, their fax number is (714) 992-2996. Their legislative aide Bob Grego helped make this prossible. All for now. More next week. John W.