PDA

View Full Version : Pre Ban vs Post Ban


ghostwong
11-08-2008, 12:06 AM
OK, An LEO ask me this question and I didn't know.

LEO registered his AR-15 with the State of California and is considered an Assault weapon. Now with the sunset of the AW ban on Bush's watch.

Is that registered his AR-15 Post ban AW considered a AW in CA or is it a POST ban AW. No Flash hider, no Bayonet lug.

Please help steer me in the right direction, Also Penal Code citation would be good.

Thanks in advance.

ke6guj
11-08-2008, 12:23 AM
If you have a registered CA AW, there is no limit to the number of "AW features" that you can have. If your CA AW was limited in features due to the fed AW ban, once that expired, you can reconfigure your CA AW with as many features as you want.

There is nothing in the PC that says that if you registered the AW with one feature, that you can't now add a second or third feature.

XDshooter
11-08-2008, 12:23 AM
If it's reg'd as an AW in California, then he can have all the evil features he wants on it.


Pre and Post ban have no meaning anymore. That was a Fed thing and it's now expired.

Librarian
11-08-2008, 12:25 AM
OK, An LEO ask me this question and I didn't know.

LEO registered his AR-15 with the State of California and is considered an Assault weapon. Now with the sunset of the AW ban on Bush's watch.

Is that registered his AR-15 Post ban AW considered a AW in CA or is it a POST ban AW. No Flash hider, no Bayonet lug.

Please help steer me in the right direction, Also Penal Code citation would be good.

Thanks in advance.

There is no Federal 'assault weapon' any more.

A registered California 'assault weapon' is still that - the Federal laws and California laws are completely separate and always were.

His AR-15 is a 'named' 'assault weapon', and as such can not be modified into a non-'assault weapon'. PC 12276(a)(5) (http://caselaw.lp.findlaw.com/cacodes/pen/12275-12278.html) Its features are not what makes it an 'aw', it's the name on the lower; removing features might make a different lower into a non-'aw', but that doesn't work for the 'named' models.

bohoki
11-08-2008, 11:03 AM
funny there is a bit of holdover to the "postban" term
when people talk of complete uppers without threaded barrels and bayonet lugs

anything made after 1994 was post ban but it realy shoudl be refered to as "during ban"

by 2005 we were really into post ban meaning the ban is over

the california overlap really stirs the pot
being that many firearms registered as assault weapons were "post ban"aka "during ban" meaning they didn't have threaded barrels and bayonet lugs

and magazines that people possessed legally were all made on or before 1994

so at the time of the sb23 all our magazines were all at least 5 years old because of the federal ban (during the fed ban it was very difficult to get replacement bodies)
and magazine prices kept rising berreta 92 anmd sig 226 factory mags were around $60 glocks were over $90
heck even butler creek hotlips were approaching $50

so due to that many think it is illegal to have any magazines that are marked "restricted"

their logic being that either you had them in 1999 and werte breaking federal law or you aquired them after 2004 breaking sb23 california law

but since using marked parts to repair pre-existing large capacity magazines is legal then it is not illegal to have a body that says restricted (but your imperial entanglements may vary)

(as desi would say "you have some splainin to do")

but to the bottom line if you have a registered assault weapon it can get "assautier"