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Old June 26, 2011, 08:18 PM   #26
BillCA
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Join Date: November 28, 2004
Location: Silicon Valley, Ca
Posts: 7,117
Quote:
Originally Posted by emcon5
Note the word "possess" isn't there. Note "use" isn't in there. In fact, note the words "find" and "buy" aren't in there either....

It has also been argued that the way the law is written, if I sell or give you a 11 round magazine, I have committed a crime, you have not.
First, IANAL and I didn't stay at a Holiday Inn either.

To be ├╝ber technical, neither is the word "Sell" in the law. It only says "keeps for sale, or offers or exposes for sale". But it doesn't actually mention selling.

Obviously, as a general rule, you "expose for sale" those things you want to sell so buyers may see what they are buying. "Keep for sale" implies that the sole or primary purpose for keeping the item is to sell it.

In theory.... and I would NOT want to be the test case for this ...
If I solicit you by saying I'll buy any original Glock 19 mags you have for $X.xx each and after you collect the money, you hand me the magazine, it does not appear that any violation has occurred. You neither offered it for sale (indeed, I didn't know if you had any at all) nor exposed the magazine until after I paid for it and it became my property.

This, of course, is dancing your defense on the edge of Occam's Razor.

Do not try this at home and without adequate legal advice!
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