Dr. Tad Hussein Winslow
member
- Joined
- Nov 14, 2007
- Messages
- 13,146
So is a .454 Casull of ".45 caliber or smaller"? Anyone know of any case law addressing this? Does the written designation control, or the actual bullet diameter control?
The gov't could make the argument that the written designation controls, which allows ".45 acp", but not ".454 casull", because if the actual bullet diameter controls, then .45 acp would be out (since it's .451 or .452, not .450), and the legislature could NOT possibly have meant to rule out a "standard" defense cartridge such as .45 acp, and so IT must be ok, due to the actual designation.
On the other hand, you could argue that it's the diameter that controls, but that BOTH .45 acp AND .45 colt or .454 casull are fine, since they both use the SAME bullets, and the legislature couldn't have intended to exclude the .45 acp. Anything .459 or smaller is basically ".45 caliber" and it has to be .460 or larger to be not ".45 or smaller", would be the argument.
So that cuts both ways, creating a catch 22 circular logic (the fact that the legislature couldn't possibly have intended to exclude the .45 acp equally supports both extensions of logic, one of which concludes that a ".454 round" is illegal and one of which concludes that a ".454 round" is fine and dandy.)
Carrying a .45-70 creates even more confusion, becuase it's NOT a .451/452 bullet (it's .458), but yet it IS a ".45 cal" designation. So is it illegal being .458 (not ".45 cal or smaller"), or if the designation controls, then it's fine. That would be extremely weird if the courts concluded that the designation controls, because then .45-70 WOULD be allowed (BFR anyone?), yet .454 casull would NOT be allowed.
Do you think the cops would charge you in YOUR state if you carried a .454 casull? See, these things keep me up at night....
The gov't could make the argument that the written designation controls, which allows ".45 acp", but not ".454 casull", because if the actual bullet diameter controls, then .45 acp would be out (since it's .451 or .452, not .450), and the legislature could NOT possibly have meant to rule out a "standard" defense cartridge such as .45 acp, and so IT must be ok, due to the actual designation.
On the other hand, you could argue that it's the diameter that controls, but that BOTH .45 acp AND .45 colt or .454 casull are fine, since they both use the SAME bullets, and the legislature couldn't have intended to exclude the .45 acp. Anything .459 or smaller is basically ".45 caliber" and it has to be .460 or larger to be not ".45 or smaller", would be the argument.
So that cuts both ways, creating a catch 22 circular logic (the fact that the legislature couldn't possibly have intended to exclude the .45 acp equally supports both extensions of logic, one of which concludes that a ".454 round" is illegal and one of which concludes that a ".454 round" is fine and dandy.)
Carrying a .45-70 creates even more confusion, becuase it's NOT a .451/452 bullet (it's .458), but yet it IS a ".45 cal" designation. So is it illegal being .458 (not ".45 cal or smaller"), or if the designation controls, then it's fine. That would be extremely weird if the courts concluded that the designation controls, because then .45-70 WOULD be allowed (BFR anyone?), yet .454 casull would NOT be allowed.
Do you think the cops would charge you in YOUR state if you carried a .454 casull? See, these things keep me up at night....