Closed AMA 2A AMA - We have 2A lawyer in the space! - Ask away

[ikeo1]

Updated:

I've converted this into a Q/A since it seems there's enough interest. Members can vote on the question by clicking on the ^ v characters to the side or bottom of the post.

We'll keep the questions open for a couple of days to give some time to answer them. So feel free to ask away so we can give @raellic some time to answer..

Ground Rules:

• This is personal opinion unless you leverage professional services or unless stated so.
  • At a minimum, this will give perspective from someone with a legal background and hopefully be fun and interesting.
• If you're not happy with an answer, consider why they are answering that way
• Ask questions clearly when possible
• Keep it Clean

Let the questions begin!

Original:

We're considering having an AMA with one of our vendors who is a 2A specific attorney @raellic . We're grateful to have someone in the 2A space who practices law who's up for an Ask Me Anything.

@raellic has a practice in the Bay Area at https://watters.law and is active in the 2A community. He trains and hosts classes, so we're glad to bring more people together for the community.

 

[raellic]

Thanks, I'm looking forward to this!

 

[Malibu]

First question:
What is your resume, and what courts are you licensed to argue cases in?

 

[raellic]

First question:
What is your resume, and what courts are you licensed to argue cases in?

https://www.watters.law/awatters_resume.pdf

All California state courts
Northern District of California (Federal)
Central District of California (Federal)

 

[ikeo1]

I've converted this into a Q/A since it seems there's enough interest. No need to mark as a solution but users can vote on the question by clicking on the ^ v characters to the side or bottom of the post.

We'll keep the questions open then give some time to answer them. So feel free to ask away so we can give @raellic some time to answer..

Keep in mind, this is personal opinion unless you leverage professional services or unless stated so. At a minimum, this will give perspective from someone with a legal background and hopefully be fun and interesting.

Let the questions begin!

 

[Deleted member 16735]

What's the current status of standard capacity magazines as far as "freedom week" magazines etc. I've seen people say that it's not inherently illegal to possess them only to acquire them or bring them into the state. Does this have a statute of limitations i.e. if you have had them 3 years does that make them de facto untouchable, or is it only specific to freedom week acquisition, and is freedom week an actual legal argument?

 

[raellic]

What's the current status of standard capacity magazines as far as "freedom week" magazines etc. I've seen people say that it's not inherently illegal to possess them only to acquire them or bring them into the state. Does this have a statute of limitations i.e. if you have had them 3 years does that make them de facto untouchable, or is it only specific to freedom week acquisition, and is freedom week an actual legal argument?

The letter of the law is that Penal Code sec. 32310 prohibits possession of standard capacity magazines after July 1, 2017. Under the statute, it does not matter when the magazine was acquired or if it was legally possessed up to that point. A law firm wrote an article on Freedom Week in this context that should be helpful: https://chastainejones.com/blog/lar...lifornia-penal-code-§-32310-and-freedom-week/

Essentially, the status of standard mags is unknown pending the 9th Circuit's decision in the underlying case. For now, I would recommend not taking standard capacity magazines outside of your home or workplace unless you're prepared to risk losing them-- because if you go to a public gun range and there happens to be a DOJ agent or CHP officer there, best case they take your mags from you and write you an infraction citation. Also, make sure the date of manufacture stamped on the magazines is before whatever applicable law took effect.

The statute of limitations on general felonies is three years from the date of the crime. Cases involving fraud or that involve crimes punishable for longer than normal terms of imprisonment have longer statutes of limitations. As far as I know, the statute of limitations on standard capacity magazines has not been tested, which makes sense because it's an unusual one to charge by itself. The government could say that you smuggled the magazine in and the statute of limitations didn't run until the officer found the magazine on you. I don't know if that would work, but that is another reason to not gamble with your magazines.

 

[beartronsvt]

Consequences of having a "stock" vs a "brace" on an AR pistol with an 11.5" barrel? Registered as a pistol.

 

[raellic]

Consequences of having a "stock" vs a "brace" on an AR pistol with an 11.5" barrel? Registered as a pistol.

I think whoever does that is taking a very high and unreasonable risk that the "AR pistol" will be determined to be a short-barreled rifle. See other thread here: https://caguns.net/threads/ca-legal-ak-pistol-with-folding-brace.15375/

 

[USMC06RET]

The letter of the law is that Penal Code sec. 32310 prohibits possession of standard capacity magazines after July 1, 2017. Under the statute, it does not matter when the magazine was acquired or if it was legally possessed up to that point. A law firm wrote an article on Freedom Week in this context that should be helpful: https://chastainejones.com/blog/large-capacity-magazines-california-penal-code-§-32310-and-freedom-week/

Essentially, the status of standard mags is unknown pending the 9th Circuit's decision in the underlying case. For now, I would recommend not taking standard capacity magazines outside of your home or workplace unless you're prepared to risk losing them-- because if you go to a public gun range and there happens to be a DOJ agent or CHP officer there, best case they take your mags from you and write you an infraction citation. Also, make sure the date of manufacture stamped on the magazines is before whatever applicable law took effect.

The statute of limitations on general felonies is three years from the date of the crime. Cases involving fraud or that involve crimes punishable for longer than normal terms of imprisonment have longer statutes of limitations. As far as I know, the statute of limitations on standard capacity magazines has not been tested, which makes sense because it's an unusual one to charge by itself. The government could say that you smuggled the magazine in and the statute of limitations didn't run until the officer found the magazine on you. I don't know if that would work, but that is another reason to not gamble with your magazines.

I might have misunderstood which case you are referring to but, the 9th circuit handed down a decision on Duncan v. Bonta on 20 March 2025 upholding California's ban on "regular / large / high" capacity magazines. See: https://www.courthousenews.com/ninth-circuit-upholds-californias-large-capacity-magazine-ban

I believe a writ of certiorari has been filed with SCOTUS in this case but I haven't seen any status on that appeal. I believe no stay on the decision has been granted pending the writ but, I can't prove that without doing some research.

 

[hirci]

If you're pulled over for a traffic stop i.e speeding, stop light, rolling stop etc... Do you need to disclose you have a legal firearm stored properly locked and unloaded in the trunk?

 

[revy]

can you get caught up for selling ammo?

 

[raellic]

I might have misunderstood which case you are referring to but, the 9th circuit handed down a decision on Duncan v. Bonta on 20 March 2025 upholding California's ban on "regular / large / high" capacity magazines. See: https://www.courthousenews.com/ninth-circuit-upholds-californias-large-capacity-magazine-ban

I believe a writ of certiorari has been filed with SCOTUS in this case but I haven't seen any status on that appeal. I believe no stay on the decision has been granted pending the writ but, I can't prove that without doing some research.

All correct, I recall that decision-- so for now possession is contrary to law, pending a decision on whether review will be granted or the ruling stayed.

 

[raellic]

can you get caught up for selling ammo?

You could get caught up for selling ammo. Likely? Hard to say. There is no exception for people you know, but how tough is that to enforce?

 

[raellic]

If you're pulled over for a traffic stop i.e speeding, stop light, rolling stop etc... Do you need to disclose you have a legal firearm stored properly locked and unloaded in the trunk?

If you're a CCW holder, you are obligated to disclose that you are a CCW holder and that you have the CCW gun on you. Otherwise, you don't have to disclose and don't have to answer questions. I would say something like: "I am in compliance with all applicable laws and I am not going to confirm or deny whether I do, or do not, have a firearm." You don't have to consent to any search. Don't play head games with the officer if they try to manipulate you into agreeing to a search. Don't agree.
**Clarification: SB2 does not impose a statewide duty to self-disclose, however, this is commonly required by the issuing authority and may vary by County. In San Mateo County where I practice and have my permit, this is made very clear in the permit application process, and there isn't a rule preventing the Sheriff from requiring me to do this.

 

[NorCalBusa]

Welcome. See this?

https://www.foxnews.com/politics/su...s-over-maryland-rhode-island-gun-control-laws

Supreme Court declines to examine appeals over Maryland, Rhode Island gun control laws​

Justices Alito, Thomas and Gorsuch dissent as court lets stand Maryland and Rhode Island bans on assault weapons, large-capacity magazines​

 

[NorCalBusa]

If you're a CCW holder, you are obligated to disclose that you are a CCW holder and that you have the CCW gun on you. Otherwise, you don't have to disclose and don't have to answer questions. I would say something like: "I am in compliance with all applicable laws and I am not going to confirm or deny whether I do, or do not, have a firearm." You don't have to consent to any search. Don't play head games with the officer if they try to manipulate you into agreeing to a search. Don't agree.

Is this obligation law? Please ID the section. I thought it was driven by one's IA Policy.

 

[raellic]

Yes, I saw that today. I think the Supreme Court is making horrible decisions on these declines of petitions. This is an important issue that they need to decide, as noted in the dissent.

 

[raellic]

Is this obligation law? Please ID the section. I thought it was driven by one's IA Policy.

There's no state-level duty, but this is commonly imposed by the issuing authority and is in the training materials for those counties. I will edit to clarify that this may vary by county.

 

[rjww1945]

What is the legality of removing the magazine safety from a pistol that is used on a CCW permit?