Why does technicality matter? It's not like being 'legal' or 'non-legal' even matters when it's a pliable circumstance (which is really the problem exposed here) crafted by the law makers that are at work doing their best to serve themselves over the rights of the people (which is kinda the purpose of laws).
Edit: this comment is not specific to your question alone, it's a comment on this specific thread.
Edit: this comment is not specific to your question alone, it's a comment on this specific thread.