California Penal Code interpretation

[lweinlan]

What is the name of your state (only U.S. law)? California.

I would like to know if and how I could get an official State sanctioned interpretation of a specific paragraph of the California Penal Code ?
If it is possible, to whom do I write to get an interpretation?
Must I use a lawyer?
What is the process?
Do I have to go to court?
Thank youWhat is the name of your state (only U.S. law)?

 

[tranquility]

There is no official interpretation beyond case law. One place you can find a fairly authoritive example of cases which define a certain issue can be found at your county law library. Go to the nice legal librarian there and ask where the annotated penal code is. They will point you to the brand they have (Probably West's) and you can look it up yourself. The code book will have the different laws and give a little blurb from a case illustrating the specific point. To really understand, you would then have to look up the supplied cases and read them. The librarian will help you to find them as well if you'd like.

 

[lweinlan]

Thank you.
So if I understand correctly, you would have to sue to get an official explanation/interpretation of a specific paragraph of the California Penal Code ?
In my case, I do not think that agents at the California DOJ firearms bureau are correctly interpreting California PC 12020 (b) (7) which is an exemption to PC 12020 (a) (2).
I would like to write to the source, the "legislator" or the "people" who wrote PC 12020 (b) (7) and ask them exactly what they meant when they wrote the text...or someone who could officially write to me and give me an answer.
In order to get an answer I would have to sue "someone" ??
I might sound very silly, but I am not well versed at all in law procedures.

 

[tranquility]

So if I understand correctly, you would have to sue to get an official explanation/interpretation of a specific paragraph of the California Penal Code ?

No, I said nothing of the sort. In fact, you could not sue to get an interpretation. You wouldn't have standing. However, you can bet that a lot of people have sued (appealed) for such things when they were convicted of something. That's what case law is all about. There is a lot of it out there. Sometimes it's hard to find something which fits exactly what you want and that is where the annotated codes or an attorney is useful.

In my case, I do not think that agents at the California DOJ firearms bureau are correctly interpreting California PC 12020 (b) (7) which is an exemption to PC 12020 (a) (2).

Super. If it affects you in a direct, current, and particular way, then you could sue the enforcement arm. Although, I bet, unless it is new law, someone already has done and and answer is out there. What issue are you debating? What is your difference? Maybe an attorney would be useful to narrow down the legal "issue" so that he can look it up and give an opinion.

I would like to write to the source, the "legislator" or the "people" who wrote PC 12020 (b) (7) and ask them exactly what they meant when they wrote the text...or someone who could officially write to me and give me an answer.

Any law passage will have a findings which will help interpret the law. You can use the internet to look for this or you could go to the law library or you could go to an attorney who will have access to a database which will have this information. There IS *NO* OFFICIAL SOURCE which can give you an answer.

In order to get an answer I would have to sue "someone" ??
I might sound very silly, but I am not well versed at all in law procedures.

Clearly this is true. You will discover more about your questions in the law library. Go to the annotated code. Look up your issues and see how all the little things come together. Unless the law is very new, you might find what you're looking for.

(To find law libraries, search for "public law library california" (without the quotes) using your favorite search engine and go to the closest one. )

 

[lweinlan]

ok thank you. I'll try to see if there is any findings about this law passage PC 12020 (b)(7), and I'll go to the law library.
The issue I have is pretty technical. It is in regard to firearms
PC 12020 (a) (2) says that it is illegal to imports into the state, keeps for sale, or offers or exposes for sale, or who gives, or lends, any large-capacity magazine.

PC 12020 (b) says that (b) Subdivision (a) does not apply to any of the following:
...
PC 12020 (b) (7) Any firearm or ammunition that is a curio or relic as defined in Section 478.11 of Title 27 of the Code of Federal Regulations and which is in the possession of a person permitted to possess the items pursuant to Chapter 44 (commencing with Section 921) of Title18 of the United States Code and the regulations issued pursuant thereto.

By reading this, one could deduct that a Curio and Relic firearm is exempt from PC 12020 (a) (2), and therefore one could interpret that the detachable magazine that was originally manufactured with the Curio and Relic firearm is also exempt from 12020 (a) (2).
The agents at the DOJ will tell you that the Curio and Relic firearm CAN be imported into California, but NOT the original magazine that was manufactured with the Curio and Relic firearm...
This does not make sense. Why would there be a exemption in 12020 (b)(7) for a Curio and Relic firearm WITHOUT its magazine if the magazine (the reason that triggered the writing of an exemption) is not exempted ????????
I think that whoever wrote 12020 (b) (7) did mean a Curio and Relic firearm WITH its original magazine, be it a large capacity magazine or not.
12020 (b) (7) is not written with the words Any firearm or ammunition that is a curio or relic, excluding any with a large capacity magazine, ...
12020 (b) (7) reads Any firearm or ammunition that is a curio or relic,

It is very technical.
I do not know what kind of lawyer is going to dig into this kind of technicality?
NOTE: the issue revolves basically about collecting firearms. I am a Curio and Relic firearm collector. I want to acquire a Curio and Relic firearm that was originally manufactured with a 13 rounds magazine (large capacity magazine = greater then 10 rounds). It seems that there is an exemption that would allow me to acquire this firearm..that's why I need an interpretation of 12020 (b) (7)

 

[tranquility]

I am uncertain to the logic of your postion, but it does seem technical. The AG or the DOJ will have findings on such things. You could write the enforcement body with your query and, if they have dealt with the issue before, you can get a copy of the finding. It will be technical and supported by law. Regulatory agencies are often allowed in enabling clauses to make reasonable regulations to enforce the law and their "interpretation" will have the force of law.

There's got to be some attorneys out there who specialize in this (firearm) area of the law and that might be your best bet, but most any attorney could do the research. Criminal attorney may be best.

If you have been prevented from the importation by the government agency and it seems like they will do it again, you may get past the standing issues and could sue. The suit would be expensive.

What does the dealer who wants to sell you the magazine say? They may provide assistance as well.

 

[lweinlan]

thank you. The dealer who wants to sell the magazine is located in another State. Dealer in other States often simply refuse to sell any Curio and Relic firearms and /or magazines to people in California due to the complexity of the California law regarding firearms, even if I have the proper license to buy Curio and Relic firearms in interstate transaction.
This dealer will not sell the magazine to me at this time. That's why I have so much interest in finding out about this issue.