Do you have a reference for the court case that shows this doctrine? I am just curious to read the 9th circuit's reasoning on this.
I don't have it off hand - it's cited some where in the 20+ threads of magazine capacities here. It was some idiot who modified his gun, then there is constructive possession of assault weapons.
Here is one: USA v. Brown, which states in it's relevant part that "[f]or purposes of summary judgment, we accept the process and time frame offered by Kelly in his deposition [(which was about 45 minutes) -CB], a two-hour restoration process using ordinary tools, including a
stick weld, is within the ordinary meaning of “readily restored.” As to the temporal component, two hours, while not an insignificant amount of time, is still within a range that may properly be considered “with fairly quick efficiency,” “without needless loss of time,” or “reasonably fast.” As to
the means of restoration, requiring the use of ordinary tools and a stick weld, even by a skilled worker, is likewise within what may properly be considered “with a fair degree of ease,” “without much difficulty,” or “with facility.”
Source:
http://law.justia.com/cases/federal/appellate-courts/ca9/04-16049/0416049-2011-02-25.htmlThere's a few in the 9th as well, I just don't have time to search it out.
The reasoning was pretty much guy was an idiot and douche, and they didn't want him to get away -- so they made a stupid rule.