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jamesob
11-20-2008, 6:31 PM
simple ? a nd3 receiver with forward grip, pistol grip, detachable mag but no bolt/carrier installed but near by. also i don't think there is a constructive possesion law on assault weapons in cal. would it be legal or not.

E Pluribus Unum
11-20-2008, 6:34 PM
simple ? a nd3 receiver with forward grip, pistol grip, detachable mag but no bolt/carrier installed but near by. also i don't think there is a constructive possesion law on assault weapons in cal. would it be legal or not.

I would say illegal.

simply removing the bolt carrier does nothing. It is still a semi-automatic .223 firearm with detachable magazine; its just missing the bolt carrier. Because the barrel is of a caliber that has a centerfire cartridge, that establishes it as an assault weapon in the mentioned configuration.


Now, if it were a .22LR barrel that would be different.

I am not an attorney and this is not legal advise. That is simply my opinion.

jamesob
11-20-2008, 6:42 PM
what would make it semi auto if the bolt/carrier is not in the gun? it would not be semi, pump or auto, it's a non functioning gun.

bwiese
11-20-2008, 6:43 PM
That's just a "broken AW".

There was a similar case that went bad for a dude in LA with an (Imbel?) FAL a year or two ago. Somehow he heard he was gonna get popped and took the bolt carrier out. He was still convicted of AW charges. We don't have all the details, I don't think the guy had a gun lawyer, and there were other problems with the rifle (IIRC, it was illegally acquired in AZ).

Constructive possession indeed doesn't apply to AW features -- but what that also means is if one already has the requisite # of features on a firearm to trigger AW status and only adds/subtracts other non-12276.1PC items, the latter generally does not remove AW status. [If the firearm is disassembled then it's not being a rifle or just being a receiver-with-parts could enter the discussion.] But a firearm in AW configuration with a missing operation part is just a broken AW.

Note also that the various compliance features put on an AW specifically affect/replace an otherwise 'characteristic feature' (or remove the detachable mag criteria).

There is a fair chance that an off-list semiauto centerfire firearm with detachable magazine, flash hider and pistol grip and 26" length with 16+" bbl - but no buttstock attached (and a filler plate covering any opening) - could be defended in that it is not intended to be fired from the shoulder and is thus not a rifle nor is it a pistol/concealable firearm.

jamesob
11-20-2008, 8:40 PM
well, we will find out if charges will be filed on a friend of mine. this happened to him. this is another part of the story, his brother is a seargent at a local p.d and told him before this happened that it was not an a.w to him. i gave him all the info i had about oll's and other case law that i knew about so its upo to him and his lawyer now.

bwiese
11-20-2008, 8:48 PM
well, we will find out if charges will be filed on a friend of mine. this happened to him. this is another part of the story, his brother is a seargent at a local p.d and told him before this happened that it was not an a.w to him. i gave him all the info i had about oll's and other case law that i knew about so its upo to him and his lawyer now.

Please PM me with the lawyer's name/contact #.

E Pluribus Unum
11-21-2008, 1:49 AM
well, we will find out if charges will be filed on a friend of mine. this happened to him. this is another part of the story, his brother is a seargent at a local p.d and told him before this happened that it was not an a.w to him. i gave him all the info i had about oll's and other case law that i knew about so its upo to him and his lawyer now.

This is why people should call a lawyer BEFORE this happens....



Good luck with that.