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View Full Version : Question about transfering a preban AK-47


Exposed
09-17-2008, 10:32 PM
I have a friend who has an AK-47. It is a semi auto only with a thumbhole stock. Only thing it has that is illegal for me is that it has a regular magazine drop and she has 3 30 round mags for it. She bought it 10 years ago so it is totally legal for her to own. However, I want to buy it and she is willing to let it go to me for $500. I want it bad, but what is the legal status of this transaction? Can I make it Cali legal and then transfer it? It is a sick AK, all black and in great condition. She has taken care of it like a true girl with that motherly love. Thats right, the owner of this beauty is my little 5'3 female friend who also has a preban AR-15 with a regular mag release and 3 30 round mags. Damn, I envy this chick. Shes 29 and bought them both when she was 19. Crazy huh. Anyway, what can I do to legally transfer that AK to me?

SanSacto
09-17-2008, 10:39 PM
She.......is cool

Quiet
09-17-2008, 10:43 PM
Did she register it as an assault weapon before 01-01-2000?

If she did, then she can not sell it in CA, unless it is to a CA 01-FFL dealer with an Assault Weapons permit.

If she didn't, then she is in possession of an unregistered assault weapon (thumbhole stock + detachable mags = assault weapon), which is a felony.

If the AK is listed here (http://ag.ca.gov/firearms/infobuls/kaslist.pdf). Then the only recourse she has is getting a lawyer and turning it into LE for destruction or selling it out-of-state (ASAP!).
If the AK is not listed, then it can be made CA legal and sold in CA.

jdberger
09-17-2008, 10:50 PM
Did she register it as an assault weapon before 01-01-2000?

If she did, then she cal not sell it in CA, unless it is to a CA 01-FFL dealer with an Assault Weapons permit.

If she didn't, then she is in possession of an unregistered assault weapon, which is a felony. and STILL can't transfer it.

In short, you're SOL.

Donate to the Calguns Foundation and help us change the laws! (http://www.calguns.net/calgunforum/showthread.php?t=108030)

Exposed
09-17-2008, 10:55 PM
It is registered, but im not sure if it is on the list or not.

Jpach
09-17-2008, 10:56 PM
And you arent married to her because...?

Quiet
09-17-2008, 11:00 PM
It is registered, but im not sure if it is on the list or not.

Since, it's registered she can not sell it to you.

If she wants to get rid of it, she has three options.
1) Sell it to a CA 01-FFL dealer with an Assault Weapons permit
2) Turn it into LE for destruction.
3) Take it out-of-state and sell it.

Exposed
09-17-2008, 11:03 PM
Damn, oh well, I can always just go with her when she takes it out to play.

DedEye
09-17-2008, 11:07 PM
And you arent married to her because...?

Best question of the thread.

Go with her and shoot it, then take her to dinner in thanks. You can't legally acquire it from her under any circumstances.

Jpach
09-17-2008, 11:07 PM
If its not registered, be sure to tell her that her posessing/owning the rifle is illegal, same with the AR. Just pray that it is registered so you can shoot it with her without problems!

Exposed
09-17-2008, 11:15 PM
Its registered. Her dad helped her out with a lot. He actually is the one that got her in guns when she was like 12 years old. He was an old school NRA lifer however, he died of cancer 3 years ago. But he was up and up on all the laws and he himself owned quite a bit of pre-bans. Same ole story though, wife hated guns so when he passed they all vanished. No body knows what she did with them, not even my friend. She had long since moved away from home so she wasnt able to get to them when her ole man died. Sucks huh.

aztecw
09-18-2008, 12:36 AM
That's not cool. At least let her daughter have them.

Too bad about the transfer though. I was wondering about that same situation myself.

DedEye
09-18-2008, 12:43 AM
That's not cool. At least let her daughter have them.

The daughter wouldn't have been able to receive them either if they were registered AWs.

chuck762
09-18-2008, 12:47 AM
If it is not listed by name isn't there a provision for ramoving the evil features to make it a non AW then sell it like a normal gun?

Found a little info on it:
http://ag.ca.gov/firearms/regagunfaqs.php#13

If I registered my SB 23 assault weapon and now I remove the characteristic(s) that make it an assault weapon, can I cancel the registration?
Yes. If the defining characteristics establishing a firearm as an SB 23 assault weapon are removed, it is no longer an assault weapon and the registration may be canceled. However, once the registration is canceled, you can never replace the characteristic(s) that make it an assault weapon, or you will be in possession of an illegal weapon.

THIS APPLIES ONLY TO FIREARMS DEFINED AS ASSAULT WEAPONS BY CHARACTERISTICS (Penal Code section 12276.1, SB 23). THIS DOES NOT APPLY TO ORIGINAL ROBERTI-ROOS ASSAULT WEAPONS OR AK and AR-15 SERIES WEAPONS IN THAT REMOVAL OF THEIR CHARACTERISTICS DOES NOT NEGATE THE REQUIREMENT TO REGISTER THE ASSAULT WEAPON.

robitrocks
09-18-2008, 6:11 AM
And you arent married to her because...?
Exactly. Why don't you marry her and then you can shoot them whenever you want! :D

BroncoBob
09-18-2008, 6:23 AM
Exactly. Why don't you marry her and then you can shoot them whenever you want! :D


My thoughts also.

motorhead
09-18-2008, 12:41 PM
ca is a community property state.