PDA

View Full Version : 2008 laws- Does this mean I can't build my AR


diginit
12-21-2008, 5:10 PM
I was reading the 2008 Cal PC and stumbled across this:
12276. As used in this chapter, "assault weapon" shall mean the following designated semiautomatic firearms: (a) All of the following specified rifles: (1) All AK series including, but not limited to, the models identified as follows: (A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S. (B) Norinco 56, 56S, 84S, and 86S. (C) Poly Technologies AKS and AK47. (D) MAADI AK47 and ARM. (5) Colt AR-15 series.
(d) Any firearm declared by the court pursuant to Section 12276.5 to be an assault weapon that is specified as an assault weapon in a list promulgated pursuant to Section 12276.5. (e) The term "series" includes all other models that are only variations, with minor differences, of those models listed in subdivision (a), regardless of the manufacturer. (f) This section is declaratory of existing law, as amended, and a clarification of the law and the Legislature's intent which bans the weapons enumerated in this section, the weapons included in the list promulgated by the Attorney General pursuant to Section 12276.5, and any other models which are only variations of those weapons with minor differences, regardless of the manufacturer. The Legislature has defined assault weapons as the types, series, and models listed in this section because it was the most effective way to identify and restrict a specific class of semiautomatic weapons.

The highlighted print made me wonder. Is an OLL in the same series with a Colt AR-15? This regardless of manufacturer line has me worried....

ke6guj
12-21-2008, 5:14 PM
The highlighted print made me wonder. Is an OLL in the same series with a Colt AR-15? This reguadrless of manufacturer line has me worried.

That does not take into affect the Harrott CA supreme court ruling which invalidated the "series " language and requires each brand/model to be specifically listed.

From the Flowchart, http://www.calguns.net/caawid/flowchart.pdf , the key portion that you need to know.

...a trial court may not find a semiautomatic firearm a series
assault weapon under section 12276, subdivision (e), unless
the firearm has first been included in the list of series assault
weapons promulgated by the Attorney General pursuant to
section 12276.5, subdivision (h)

diginit
12-21-2008, 5:30 PM
Thank You! So I had better get a move on before the DOJ lists everything in 2009 right? or can we appeal. If they list CMMG, RRA, Etc. Will we just have to register them as assault weapons and pay another fee or what?

ke6guj
12-21-2008, 5:32 PM
Nope. CADOJ gave up the right to list additional brands/models in 2007. They will not be listing anything new. It will take new legislation to change that.

diginit
12-21-2008, 5:39 PM
There IS a GOD! At least he ships to California...
Thanks Jack!

Fate
12-22-2008, 9:15 AM
So I had better get a move on before the DOJ lists everything in 2009 right?Woah man, flashbacks! :svengo: