Meaning that people that refuse to do something that is legal for fear that some guy at some point might think it is prohibited. Or go above and beyond storage laws or try to hide their guns from the public and all that other nonsense.
Are the reason that a lot of law enforcement think that every gun must be trigger locked, double locked or in a case. Or that no center fire can have a mag that holds more than 5 rounds.
...
Shawn
When I was a young and enthusiastic articling student, one of the very first things my principal, the senior partner in our firm, told me was
"Don't ever be the test case".
He then expounded on this point in detail. The gist was that if I personally wanted to prove some point of principle for my fellow citizens by offering myself up as the sacrificial test case, I could do so with his sincere blessings and possibly even a wee bit of admiration.
But, when I gave legal advice to the firm's clients about how best to conduct their business and personal affairs - and in particular when offering that advice to the firm's well-established long-term clients - if he ever found out that I had failed to do everything humanly possible to prevent one of
them from becoming a test case, I would find my flayed skin nailed to the bulletin board in the staff lounge as a dreadful warning to all future lawyers in the firm. And that went double for being a test case on a criminal law issue, and triple for anything to do with constitutional law.
Basically, being a test case is incredibly expensive in time, energy, money and, for individuals, health (facing a criminal charge is
very stressful). And the personal benefits gained by that individual rarely equal the resources spent.
I had a chance to see this in action that year. One of our clients was a major supermarket chain that decided to challenge the province's Sunday closing law on the grounds that requiring stores to be closed one day a week to give employees regular time off violated the supermarket chain's freedom of religion. It therefore kept some of its stores open on Sunday, got charged, and proceeded to fight a Charter challenge to the Supreme Court.
In the long run, the ability to keep its stores open 24/7 if it wanted probably justified the cost of the test case to the supermarket chain. In the short run, though, I think it paid us about a quarter million dollars in legal fees (in 1980s dollars at 1980s hourly rates) to defend its "religious freedom". That's a lot of time and money to invest with no actual guarantee of success going into court.
So if you "want" to be a test case for firearms rights, knock yourself out with my blessing. I or any one of hundreds of lawyers like me will be delighted to help you spend a day or two in court arguing that the generic-looking metal box in your semi-auto rifle is not an illegal rifle magazine but a legal pistol/bolt-action rifle magazine - for a minimum of $400/hr plus expenses. Hey, it'll pay for
my new toys even if you can't afford any more for awhile after that.
Or, if you do want to put a 10-rd magazine in your centrefire semi-auto rifle but
without being a test case, you can just avoid the whole problem by accepting my previous freely offered suggestion and making absolutely sure that your pistol/bolt-action rifle magazine is
very clearly stamped as such
before you shove it into your XCR or M305.
If the LAR magazines are very clearly marked as being for a LAR, and you have documentation available to carry with you that will make it clear to the stupidest schmuck that the LAR is a pistol and therefore the magazine is legal, then great: that covers my point nicely. Meanwhile, though, I find a plain-Jane 5-rounder in my own M305 adequate for my own needs and that's what will continue to be used in it: I don't need to put a LAR magazine in it just to try to pick a fight.
Suit yourself; I don't care.