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View Full Version : Can someone explain this portion of the CA AWB to me?


mxpatriot51
12-30-2008, 12:20 AM
(k) Subdivision (a) shall not apply to:
(1) A person who lawfully possesses and has registered an assault weapon or .50 BMG rifle pursuant to this chapter who lends that assault weapon or .50 BMG rifle to another if all the following apply:
(A) The person to whom the assault weapon or .50 BMG rifle is lent is 18 years of age or over and is not in a class of persons prohibited from possessing firearms by virtue of Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.
(B) The person to whom the assault weapon or .50 BMG rifleis lent remains in the presence of the registered possessor of the assault weapon or .50 BMG rifle.
(C) The assault weapon or .50 BMG rifle is possessed at any of the following locations:
(i) While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.
(ii) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets.
(iii) While attending any exhibition, display, or educational project that is about firearms and that is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.
(2) The return of an assault weapon or .50 BMG rifle to the registered possessor, or lawful possessor, which is lent by the same pursuant to paragraph (1).
(l) Subdivisions (b) and (c) shall not apply to the possession of an assault weapon or .50 BMG rifle by a person to whom an assault weapon or .50 BMG rifle is lent pursuant to subdivision (k).
(m) Subdivisions (a), and (b), and (c) shall not apply to the possession and importation of an assault weapon or a .50 BMG rifle into this state by a nonresident if all of the following conditions are met:
(1) The person is attending or going directly to or coming directly from an organized competitive match or league competition that involves the use of an assault weapon or a .50 BMG rifle.
(2) The competition or match is conducted on the premises of one of the following:
(A) A target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.
(B) A target range of a public or private club or organization that is organized for the purpose of practicing shooting at targets.
(3) The match or competition is sponsored by, conducted under the auspices of, or approved by, a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.




Subdivision (a) appears to be:

(a)(1) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for four, six, or eight years.
(2) In addition and consecutive to the punishment imposed under paragraph (1), any person who transfers, lends, sells, or gives any assault weapon or any .50 BMG rifle to a minor in violation of paragraph (1) shall receive an enhancement of one year.
(3) Except in the case of a first violation involving not more than two firearms as provided in subdivisions (b) and (c), for purposes of this section, if more than one assault weapon or .50 BMG rifle is involved in any violation of this section, there shall be a distinct and separate offense for each.







So does that basically mean the punishment is not applicable if the circumstances under (k) are met? That can't be or I know I would've heard about it, but that seems to be what the law is saying?

bwiese
12-30-2008, 12:50 AM
No it's just saying that if you have a registered AW you can have it at a target range/shooting club (and it's an 'specific authorized destination') and lend it to others (18 or over).

(a) and (b) just specify what's illegal (unreg'd AW or misuse of reg'd AW).
k(1) specifies that it's already legal/registered AW and (k) sets about delineating what needs to happen for it to lawfully be 'lent' to another.

mroels
12-30-2008, 2:49 AM
Am I reading it right that it is saying that reg AWs are to be used or lent at public or private ranges only. Does BLM land qualify as a public range? Or can reg AWs not be used on BLM land?

bwiese
12-30-2008, 10:00 AM
Am I reading it right that it is saying that reg AWs are to be used or lent at public or private ranges only. Does BLM land qualify as a public range? Or can reg AWs not be used on BLM land?

If you have an AW or a 50BMG at a place where it is either allowed or specifically authorized (express permission) some one can borrow it for use. 'Borrow' and 'lent' terminology are different than that of infrequent loan provisions in 12078(d) PC - and the folks to whom you lend your AW must be in your immediate presence.

Registered AWs can indeed be used on BLM land since there is express permission from the Director of Region 5 - memo was dated July 15, 2003 and signed by Mike Pool, State Director.

http://www.50bmgstore.com/50/CAIM2003-049.pdf

Not all BLM employees know this; carry a copy on BLM land.

Note that this may well not include 50BMG permission; 50BMGs are treated similar to AWs in CA law, but are still separate entities and I don't see any express permission for 50BMGs.

Use care: this is for pure BLM land in CA. Note that some BLM land may actually under CA management, which is a whole different ball of wax. Also borders btwn BLM land and, say, private property or CA state forests could be murky - use GPS and know its error circle.

Beelzy
12-30-2008, 10:16 AM
What about the Gunsmith Exemption?? Is that still applicable?

bwiese
12-30-2008, 11:10 AM
What about the Gunsmith Exemption?? Is that still applicable?

Nothing has changed, why did you think it has?

You may indeed take your AW to an authorized destination - such as a gunsmith.

If the gunsmith has a special CA AW permit, you can leave your reg'd AW there for him to work on at his pace. If he does not have a CA AW permit and is just an ordinary FFL, he will have to be in your immediate presence during the course of the work - you cannot leave, go to lunch, get coffee, etc. - you gotta be right next to him. If the work is not finished at the end of the day you'll have to take the gun home with you and return again with it to continue work.

The above does not necessarily apply to Category III 'by features' registered AWs - if and only if sufficient evil features have first been removed to. Prior to the period of service/repair/gunsmithing, render the rifle into non-AW status (say, grip and FH removal, or installing a MonsterMan grip, or adding a BB+10rd mag, etc.): such a gun - although reg'd as an AW - is not an AW, and can be treated like a normal rifle by a normal FFL gunsmith.

Beelzy
12-30-2008, 11:39 AM
My apologies, but I knew an answer from you would encompass more than
what I have already read.

Thanks for the response. :cool: