PROBLEMS WITH THIS LAW
To conclude, here are some of the areas where I could see the police and district attorneys using this statute to abuse gun owners:
1. If you are open carrying a semi-automatic handgun, this law will provide the police probable cause to stop and detain you while they determine if you are violating this statute (which the police could not do legally before this law);
2. This law will provide the police the ability to disarm you while they determine the capacity of your magazine (which was not legal before this law)
3. If you inform the police that you are conceal carrying a handgun, you can be stopped and detained to determine the capacity of the magazine (which before this law was not a valid reason to detain you);
4. If your magazine carries more than 15 rounds of ammunition, you could be arrested or cited for a violation of this law and your firearm and magazine taken as evidence while you prove your innocence. Remember, in order to fully assert your exemptions, you must go to trial. This will take time and you will be without your handgun and magazine until after the trial.
5. Should you now claim your Fifth Amendment right if asked by a police officer whether you are carrying a firearm? Perhaps if your magazine holds more than 15 rounds of ammunition. If you do so, what will be the police officer’s response? Arrest you? Let you go?
6. As stated above, who possesses a magazine when it is found in a person’s home or car? And, for the exception, who owns and maintains continuous possession of a large capacity magazine when it is located in an area where multiple people are?
1. After receiving the firearm and magazine as evidence, the district attorney could use the threat of a trial on defendants to make them accept a plea deal that will include the loss of your firearm and magazine forever.
2. What will they do when you die owning a large capacity magazine? Would they charge the executor of your will if a transfer per your will takes place after you die? What actually is that executor to do with the magazine at that point? Turn it in to the police? Given that, it will not be that long before all of the current owners of large capacity magazines pass away and their magazines destroyed after being turned in the police. Call it self- directed gun confiscation.
3. Going on a “fishing expedition” trying to refute my exception assertions. This can be accomplished by requesting any and all documents, people, etc that could be used to refute my exception assertions.
4. Tying up the defendant in a long, expensive trial while at the same time not allowing the defendant to have possession of their handgun(s) while the trial is ongoing.
5. With the way that this law is written, if you plan on asserting the exceptions you will be waiving your 5th Amendment rights to self incrimination. By that I mean you will have to testify to assert the exemptions. This will give the prosecutor the ability to cross examine you as they attempt to refute your assertions.