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View Full Version : How to get a letter back from the DOJ


bombadillo
03-04-2009, 9:51 AM
Hey I was wondering if anyone knew how to get a letter back from the DOJ regarding specific issues and legalities of OLL's. I want to receive a letter stating that a flash hider is currently legal on a firearm with a fixed magazine OLL holding no more than 10 rounds. Thanks

I'm going to call them today and try to get a fax or something written on paper because a local FFL is spreading around that you can't have a flash hider on any OLL fixed mag or not. He tells me constantly that flash hiders are illegal in any way shape or form when connected to an AR style rifle. I am just trying to get that sorted out so he doesn't spread this kind of junk around. I don't see how he can come to the conclusion when listed in the features that "flash hider" is listed right there with pistol grip, collapsible, etc.

Shane916
03-04-2009, 10:51 AM
They don't issue letters as such, as they no longer offer opinions on legalities of certain items.

They will kindly tell you to contact your DA.

domokun
03-04-2009, 10:58 AM
Hey I was wondering if anyone knew how to get a letter back from the DOJ regarding specific issues and legalities of OLL's. I want to receive a letter stating that a flash hider is currently legal on a firearm with a fixed magazine OLL holding no more than 10 rounds. Thanks

I'm going to call them today and try to get a fax or something written on paper because a local FFL is spreading around that you can't have a flash hider on any OLL fixed mag or not. He tells me constantly that flash hiders are illegal in any way shape or form when connected to an AR style rifle. I am just trying to get that sorted out so he doesn't spread this kind of junk around. I don't see how he can come to the conclusion when listed in the features that "flash hider" is listed right there with pistol grip, collapsible, etc.

Please see here for the OLL + BB related issue with the DOJ.

http://calguns.net/calgunforum/showthread.php?t=157492

CSACANNONEER
03-04-2009, 11:00 AM
They told me that they will mail your letter in two weeks!

domokun
03-04-2009, 11:15 AM
They told me that they will mail your letter in two weeks!

:rofl:

hoffmang
03-04-2009, 1:00 PM
You pretty much have to be a manufacturer or FFL to get a letter back from DOJ.

I get one here or there but only when they think they're telling me something I don't want to hear.

-Gene

tgriffin
03-04-2009, 1:27 PM
You pretty much have to be a manufacturer or FFL to get a letter back from DOJ.

I get one here or there but only when they think they're telling me something I don't want to hear.

-Gene

And even then... little do they know, little does Alison know, the danger of playing with such fire.

bombadillo
03-05-2009, 9:27 AM
Well, at least I got to talk to them yesterday and it was an interesting discussion. I didn't have a pen in hand or I'd have written down the name of the guy. He wouldn't tell me anything specifically, he would just say "well, in penal code 12276.1....." but wouldn't give me any definitive answers. He knew well about calguns and the flowchart that is out here though. He also wouldn't say anything about the legalities of a bullet button. I guess i'm pretty screwed on trying to find any actual literature that says that a flash hider isn't illegal on a fixed mag but to me, the silence of the DOJ/BOF says it all. If they're not saying its illegal, its probably legal if you follow the flowchart or at least very difficult to convict. I have never built anything that doesn't abide by the letter of the law and just wanted something concrete to give my local FFL to stop spreading lies around that ALL FLASH HIDERS ARE ALWAYS ILLEGAL! Anyway, thanks for the help and support.

bruss01
03-05-2009, 9:44 AM
I guess i'm pretty screwed on trying to find any actual literature that says that a flash hider isn't illegal on a fixed mag but to me, the silence of the DOJ/BOF says it all. If they're not saying its illegal, its probably legal if you follow the flowchart or at least very difficult to prosecute convict.

Fixed it for you.

Nothing prevents an overzealous DA from prosecuting any case he chooses, regardless of how flimsy it might be. But it might cost you some big bucks to get that "Not Guilty" verdict from a jury. Just sayin'.

bombadillo
03-05-2009, 10:00 AM
Good call! :cheers2: And edited

JDay
03-05-2009, 3:49 PM
Hey I was wondering if anyone knew how to get a letter back from the DOJ regarding specific issues and legalities of OLL's. I want to receive a letter stating that a flash hider is currently legal on a firearm with a fixed magazine OLL holding no more than 10 rounds. Thanks

I'm going to call them today and try to get a fax or something written on paper because a local FFL is spreading around that you can't have a flash hider on any OLL fixed mag or not. He tells me constantly that flash hiders are illegal in any way shape or form when connected to an AR style rifle. I am just trying to get that sorted out so he doesn't spread this kind of junk around. I don't see how he can come to the conclusion when listed in the features that "flash hider" is listed right there with pistol grip, collapsible, etc.

Just hand that FFL a copy of the PC that states that this is legal.

http://ag.ca.gov/firearms/dwcl/12275.php

12276.1. (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following: (1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following: (A) A pistol grip that protrudes conspicuously beneath the action of the weapon. (B) A thumbhole stock. (C) A folding or telescoping stock. (D) A grenade launcher or flare launcher. (E) A flash suppressor. (F) A forward pistol grip. (2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds. (3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.

JDay
03-05-2009, 3:52 PM
I guess i'm pretty screwed on trying to find any actual literature that says that a flash hider isn't illegal on a fixed mag but to me, the silence of the DOJ/BOF says it all.

Laws don't state what is allowed, only what isn't allowed. The PC is all you need to prove your case to this FFL. If he still wont listen you can go elsewhere.

bombadillo
03-05-2009, 4:05 PM
Laws don't state what is allowed, only what isn't allowed. The PC is all you need to prove your case to this FFL. If he still wont listen you can go elsewhere.

Thats what i'm saying though, I am just trying to get him to stop spreading false info to unsuspecting people

bombadillo
04-18-2009, 1:19 PM
Well, still no info on this in reality. I'm talking with an LEO buddy of mine and kind of said some of the same things regarding another section of P.C. saying that all flash hiders are illegal here in the great state of Cali. I guess I'll just keep section 12276.1 around with me everywhere I go with my rifles that have a birdcage on them. Can anybody think of a place in the penal code that states anywhere else that they are illegal in any way? Obviously its easy to prove that they're acceptable on a fixed mag off list lower but is there another place to be found that they're not legal?

hoffmang
04-18-2009, 1:28 PM
Can anybody think of a place in the penal code that states anywhere else that they are illegal in any way? Obviously its easy to prove that they're acceptable on a fixed mag off list lower but is there another place to be found that they're not legal?

Flash hiders are only prohibited on detachable magazine semiautomatic centerfire rifles.

-Gene