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View Full Version : Legality of Disaasembled AW's


Pyro3
04-02-2009, 12:19 PM
Hello,
I'm new to the forum and have found it extremely useful in learning about California's gun laws. I have a few specific questions about the AW laws I would appreciate some help with. I've read the relevant FAQ's and searched the forum pretty extensively so I think I have a good handle on things but I would like confirmation that I am understanding the laws and regulations correctly.

Let's say an active-duty soldier was reassigned to California immediately after a deployment, and as a result was unable to get his AW permit approved before entering the state (DOJ says it currently takes 60 days to process). Let's say he wanted to avoid the hassle and expense of storing his AWs out of state and then shipping them in after his AW permit is approved. As I understand it, there is no "constructive intent" for AW's in Cali so it would be possible to disassemble them to a point where they are no longer legally AW's and store them in-state until the AW permit is approved, at which point they could be reassembled. With that in mind, I have some questions about specific AWs:

Gun 1: Off-list AR-15 with flash-hider, telescoping buttstock, and PG: It is my understanding that by removing the upper receiver, butt stock, and PG, the disassembled components would no longer be an AW and could legally brought into the state. Alternatively, a 22 conversion could be installed and the 5.56 components stored separately from the weapon. Is this correct?

Gun 2: Converted RAA Saiga 7.62: I see that the Kasler list includes Kalashnikov USA Saiga's. Are Saiga receivers imported by other companies good to go, or is any Saiga receiver in itself an AW? If the receiver is good to go, would removing the pistol grip (assuming no flash hider and a fixed buttstock) render it Cali-legal?

Gun 3: Converted Saiga 12: This one is trickier since it is a shotgun that can accept a detachable magazine. Simply disassembling the magazine latch is probably insufficient since it could still technically accept a magazine, even if it would fall free. So I assume a magazine would have to be fixed to the weapon for the receiver to be brought into Cali at all. Does anyone have any recommendations for a simple, reversible, and preferably cheap method for fixing a magazine, keeping in mind that the weapon would not actually be fired with the fixed mag?

Thanks in advance for any help. I realize that any replies do not constitute legal advice, etc. etc.

Dr Rockso
04-02-2009, 12:28 PM
Gun 1: Off-list AR-15 with flash-hider, telescoping buttstock, and PG: It is my understanding that by removing the upper receiver, butt stock, and PG, the disassembled components would no longer be an AW and could legally brought into the state. Alternatively, a 22 conversion could be installed and the 5.56 components stored separately from the weapon. Is this correct?
You wouldn't even have to remove the PG and buttstock. Just separate the upper and lower halves and you're done. Neither a built lower nor an upper meet the definition of 'centerfire rifle'. Put a .22LR conversion on it if you'd like, or just install a bullet button and you can leave the .223 rifle assembled.

Gun 2: Converted RAA Saiga 7.62: I see that the Kasler list includes Kalashnikov USA Saiga's. Are Saiga receivers imported by other companies good to go, or is any Saiga receiver in itself an AW? If the receiver is good to go, would removing the pistol grip (assuming no flash hider and a fixed buttstock) render it Cali-legal?
Yep, good to go. Remove the pistol grip or install a magazine lock of some sort and you're legal.

Gun 3: Converted Saiga 12: This one is trickier since it is a shotgun that can accept a detachable magazine. Simply disassembling the magazine latch is probably insufficient since it could still technically accept a magazine, even if it would fall free. So I assume a magazine would have to be fixed to the weapon for the receiver to be brought into Cali at all. Does anyone have any recommendations for a simple, reversible, and preferably cheap method for fixing a magazine, keeping in mind that the weapon would not actually be fired with the fixed mag?
You would have to get/make a magazine lock. There are some out there but I don't know how most of them work with pistol grip conversions. It probably wouldn't be too hard to rig up some sort of set-screw that prevents operation of the regular magazine release if it's not important that you're able to remove the magazine to reload. Simply removing the magazine release is probably not good enough since it could still accept a detachable magazine (even if it would have to be held in place to feed).

EBR Works
04-02-2009, 12:46 PM
This might help with the S-12:

http://www.calguns.net/calgunforum/showthread.php?t=99846&highlight=Saiga+12

Pyro3
04-02-2009, 1:58 PM
Dr. R: Thanks, that's good news on the AR.

impacto: Thank you. That looks like a good product, but they don't make one for pistol grip conversions.

Pyro3
04-02-2009, 2:20 PM
What about this alternative solution for the Saiga 12: Remove the gas tappet rendering it no longer a semi-auto before bringing it into CA, then reinstall it after the AW permit goes through?

pwall
04-02-2009, 3:24 PM
no aw permit is going to go through. Sorry:(

Pyro3
04-02-2009, 3:35 PM
Yes, it will, because I am active duty military. See here:
http://www.calguns.net/calgunforum/showthread.php?t=128701&highlight=miltary+assault+weapons+permit

pwall
04-02-2009, 3:43 PM
ah, I see. congrats!