California must repeal the (2004 Dangerous Weapons Control Law 12275 thru 12290 Assault Weapons) because it sites untrue facts, bans firearms largely because of cosmetic features, or bans them for reasons not related to crime, or danger.
We, the signers of this petition, are united and resolved that the 2004 Dangerous Weapons Control Law 12275 thru 12290 (Assault Weapons) must be repealed. We site the following justifications:
1. This law is unconstitutional.
-The Second Amendment, which has been upheld by the supreme court to apply to individual Americans, forbids the infringement on the "right to keep and bear arms".
2. The law asserts untrue facts: (12275.5.) "Each firearm has such a high rate of fire and capacity for firepower...".
- No firearms listed or defined in this law have a greater rate of fire than "semi-automatic", meaning one pull, one shot. This cannot be considered a "high rate of fire" as it is the most common rate of fire in all legal firearms. Also because the rate of fire amounts to only one shot at a time.
3: This law lists hunting, target shooting, and sports as the only legitimate uses for a weapon. Not only do every one of these weapons fall into one of those three categories, but the most legitimate use for a weapon is for protection, and the fact that these weapons "can be used to kill and injure human beings" makes them perfect for just that.
4. The following aspects of firearms, which acording to this law, partially define what may be considered an "assault weapon", have not been proven to attribute to a firearm's likeliness to be used criminally, or to make the firearm more dangerous. For these reasons, there is no justification for such features to contribute to what constitutes an illegal weapon.
"(A) A pistol grip that protrudes conspicuously beneath the action of the weapon."
-only allows better control of the weapon.
"(B) A thumbhole stock."
"(C) A folding or telescoping stock."
-Cosmetic. Makes the weapon no more concealable than any legal pistol.
"(D) A grenade launcher or flare launcher."
-Grenades are already illegal, flares and flare launchers are not otherwise illegal, and do not create a greater danger by being attatched to a firearm.
"(E) A flash suppressor."
-Makes the weapon no more more or less dangerous or powerful. Not to be confused with a sound suppressor.
"(F) A forward pistol grip."
-Safety feature. Allows better control of the weapon.
"(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches."
-The only difference between this and any legal pistol is the term "rifle".
"(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:"
"(B) A second handgrip."
-Safety feature, allows better control of the firearm.
"(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."
"(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."
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