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California is a big pile of crap.


http://www.calgunlaws.com/article-431.html


a P-22 is an assault weapon?





Cal. Agency Corr.: CAL DOJ ACTIONS MAKES HANDGUN BUYERS CRIMINALS

Assault WeaponsStarting in April 2005, over 4,300 Californians who purchased a Smith and Wesson / Walther P-22 received a disturbing letter from the California Department of Justice Firearms Division. The Walther P22 was certified as safe and listed for sale in California by the DOJ. The guns were purchased legally through licensed California firearm dealers. Each sale was approved individually by the DOJ through the state's Automated Firearm System. Nonetheless, the DOJ now contends that the firearm it licensed and allowed to be sold for two years is an "assault weapon," and buyers of the pistol accidental felons. The letter gives purchasers of the gun 45 days to have it modified or face criminal prosecution.

In late April, the California Department of Justice Firearms Division (DOJ) sent out the 4,320 letters demanding that buyers of the Smith & Wesson/Walther America P-22 handgun, a .22 caliber target pistol, send the guns back to Smith & Wesson for a retrofit or face criminal prosecution.

The Walther P-22 is a .22 caliber pistol with a quick interchangeable 5" or 3.4" barrel. The interchangable barrel design consists of a threaded barrel and a threaded barrel bushing designed to secure the extended barrel attachement in place.

Pursuant to California law (Penal Code section 12125 et seq.), in early 2002 the Walther P-22 was tested and subseqently licensed and approved for sale in California by the DOJ. The P-22 was certified "safe" for sale by the California Department of Justice - Firearms Division - Handgun Review Committee, which consists of the Firearms Division Director, Assistant Director, Legal Counsel, Special Agent Supervisor, Program Manager, and Manager of the Firearms Information Services Section.

In July 2002, a DOJ Firearms Division agent contended that the threaded barrel makes these handguns "assault weapons" because they could accommodate a silencer, forward pistol grip, or flash suppressor. DOJ officials were then made aware of the threaded barrel on the P-22 and, although the firearm could have been removed from the DOJ's certified safe for sale list at that time, the DOJ allowed the firearm to continue to be listed and sold for nearly two years after the feature that brought the pistol under the "assault weapon" act was discovered.

The DOJ's action's in approving and allowing the sale of what they deem to be an 'assault weapon' exemplifies the vagueness of the 'assault weapon' laws. Even the DOJ's experts can't tell which guns come under the law. This law serves primarily to create accidental felons out of the tens of thousands of people who can't understand what the law requires.

Because of that confusion, a lawsuit was filed in 2001 brought by the Fresno and Mendocino District Attorneys against the California DOJ. The lawsuit alleges that the "assault weapon" regulations are vague and ambiguous.

In part, the DAs argued that owners of pistols with threaded barrels cannot be expected to know whether there exists somewhere in the world a flash suppressor, forward handgrip, or silencer that will fit the threads of that pistol. But in early 2003, the court ruled that "there is no reason for a non-competition pistol to have a threaded barrel" and "the mere fact that the barrel is threaded is sufficient to put the owner on notice of the fact that the pistol may be able to accept a silencer." Other issues raised in the lawsuit are still being litigated.

The California Department of Justice's ("DOJ") response to a Public Records Act Request for documents relating to the Walther P-22 highlights the over two year ordeal. The documents show that the DOJ knew that the Wallther P-22 had a threaded barrel since 2002, but still allowed it to be sold.

This is not the first time people have been mislead by this confusing statute. Regrettably, the DOJ did not seek a legislative remedy to grant unaware buyers immunity, as has been done in the past when SKS rifles were retroactively deemed "assault weapons." (See Penal Code section 12281.) Nor did the DOJ seek to reopen the registration period for "assault weapons," or to add the P-22 to the long list of "competition" pistols exempt from the "assault weapon" law. Any of these actions would immunize law abiding purchasers from criminal prosecution.

Instead, the DOJ blamed Smith and Wesson, the distributor for the Walther P-22, and forced the company and P-22 purchasers to bear of the burden of modifying the firearm. DOJ threatened Smith and Wesson with an $11 million dollar unfair business practices lawsuit unless the company paid for the recall and retrofitting of the 4,320 firearms sold.

Documents obtained from the DOJ in response to a public records act request that show how DOJ and S&W/Walther addressed this matter and are available for download here.