View Full Version : AW Transport
07-29-2008, 11:13 AM
IIRC someone has a letter from CADOJ attesting that it is legal to remove features from a SB23 AW and then directly ship to/from an out-of-state gunsmith. Correct me if my recollection is incorrect.
So if removing features from a SB23 AW allows for direct shipping in/out of state, does it follow that by removing features one could avoid the in-state AW transport restrictions?
For example, could one remove the pistol grip and flash hider from an SB23 AR and then stay in a hotel without obtaining express permission?
07-29-2008, 12:11 PM
I believe the information regarding removing the offending parts is listed on the DOJ page under the q&a - at least it used to be. I don't think there is a worry about staying at hotels with your legally registered and transported weapons.
07-29-2008, 4:33 PM
These concepts were somewhat indirectly expressed, although definitely inferrable, on DOJ AW FAQ pages.
More directly, I publicly asked (former) DOJ FD Dir. Randy Rossi and Tim Rieger (DOJ FD Asst Dir/Deputy AG) about these matters at the Golden State 2nd Amend. Council "Meet the DOJ" meeting in San Jose in the spring of 2004.
Membership, along with gun attorneys Don Kilmer & Jess Guy (former ATF, now public defender in SJ) were witnesses. I think former DOJ agent Iggy Chinn was also there. (I do think some folks may have recorded the meeting even though it was requested not to in "interests of open discussion".)
A registered Category 3 AW can indeed have sufficient evil features removed from it to be rendered into non-AW status. At that point, the features-removed AW can be treated like a normal firearm; if a rifle/rifle receiver, it can be shipped by US mail to/from an FFL without going thru a CA FFL w/AW permit. Because it's a reg'd AW, it remains eligible to be reassembled into AW form.
Once I had confirmed it in that conversation, my refinished Imbel FAL clone was sent back to me from Nevada gunsmith in two separate halves.
'Constructive possession' does not apply. But for sanity/ease's sake it may behoove the owner to separate the upper/lower into separate lockable containers so as not to bait a cop/DA (i.e, why win a fight that doesn't need to be fought?)
Since your motel/hotel room confers residential status, permission is not needed - it's your residence and a specific destination.
However, if you're visiting a friend who resides in property owned by another (i.e, rents his residence from a landlord), the owner's permission would be required.
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