Unregistered MAK 90

[perry1963]

A coworker at my new job has a MAK 90 that he said he didn't register as an assult weapon with the DOJ, he says it was bought in 1990, i told him i'am not sure what he can do now, to register it as an assult weapon, does anybody know what he can do? Thanks for any answers.

[blacklisted]

I think I would cut into pieces (taking care to destroy the receiver). If turning it in truly means amnesty, then I would do that.


I can't imagine saying "here officer/agent, this is my unregistered AK, can I go now?".

[Forever-A-Soldier]

Sell it out of state to an FFL (at least he will get SOMETHING for it) rather than turning it in for destruction to the local LEO department. That of course will require him to drive out of state, but it's better than just being a good little "sheep" and turning into the .gov

F.A.S. Out

[bwiese]

The owner of the unreg'd MAK90 better be real careful driving out of state -
no speeding, no California stops, no busted taillights, no expired registration, doesn't get in an accident, etc. And he (and his car's) appearance should be very bland and neutral.... lotta risk to recover $300 vs. possible felony charge.

I'd tell him to cut up the receiver w/saw, torch, etc. and sell the remaiing parts set.

Bill Wiese
San Jose

[Trader Jack]

The best thing this guy or gal could have\should have done was to keep there mouth shut.

You do not ask a "new worker" what shold I do with my Mac 90.

Best advise. Know the law, prepare for the unexpected, just do it and keep your mouth shut.:) :mad:

[Mike Searson]

I'll give him $200 for it if he ships it to my FFL.

[bwiese]

I'll give him $200 for it if he ships it to my FFL.

Hi Mike -

No, no, no! Only if he _delivers_ it to your FFL. As it is, he's taking a risk driving it out of state.

AW shipments to/from CA must run thru a CA FFL who also holds a CA AW permit.

I can just see a 'suspicious package' being examined at US post office or UPS, then local cops and/or DOJ being contacted, etc. Then unreg'd AW turns up, and MAK90 guy is in a world of hurt.

It's only $200ish anyways. Certainly not worth a possible felony.


Bill Wiese
San Jose

[Mike Searson]

Ah...so...

He would have to find a state AW Dealer...who would have to log it in, correct?

Is there some process where the dealer has to notify the state that the AW is leaving the state?

I've never owned a so-called california assault weapon. So I don't know.

I would never tell anyone to ship a firearm without declaring it, either...that's a federal felony.

Just looking to help the guy out...but it must be done legally.

[bwiese]

He would have to find a state AW Dealer... who would have to log it in, correct?

Is there some process where the dealer has to notify the state that the AW is leaving the state?

I've never owned a so-called california assault weapon. So I don't know.

I would never tell anyone to ship a firearm without declaring it, either...that's a federal felony.

Just looking to help the guy out...but it must be done legally.


I have no idea what a CA AW permittee would do if shipping the weapon. If the owner watched him wrap it up and put it on UPS truck, I'm not sure if it'd have to be logged in specially or go thru DOJ computer or what-have-you. It would probably have to go in as a regular FFL bound-book entry though. And even if CA AW dealer would ship it, it's kind of a self-documenting crime then - even if the gun is gone, evidence of illegal ownership would be around and possibly pop up during an audit. I'd also bet that DOJ audits AW permittees at a fairly detailed level.

Any attempt at a legal way of transferring the AW while in CA could result in problems - and the exposure would continue while gun was in transit w/shipper.

And while he's possessing and/or transporting it anywhere inside CA, he's in constant legal jeapordy. (I'd bet that possession and transport could be separate charges/counts, too.)

In short, this gun is simply valueless in California. It's the approximate state-level equivalent of having a full-auto post-86 Uzi.

His only completely choices are
(1) immediate destruction of receiver, NOW, and sell other parts;
(2) prearranged surrender to local poice/sheriff's dept;

A third choice, driving it out of state and selling it to an outta-state FFL, does present a risk of arrest during a traffic stop/search.


Bill Wiese
San Jose

[bwiese]

Is there some reason he couldn't just keep quiet about it and not make waves?:confused:
Don't ask. Don't tell.

Dude,

You're just way unclear on the concept.... the MAK90 guy is dealing with FELONY issues here.

Besides possibility of imprisonment/fine, that includes a lifetime ban on firearms ownership in any state - plus all the grief of keeping a job or finding a new job as a convicted felon, possible issues for work-related licensing, etc.

Even retaining it in his house is dangerous. There's all sorts of reasons cops can come to your house even if you've done nothing wrong. I have a friend acquaitance who lost an unreg'd Armalite AR10T a few years ago because his elderly father was having some problems and police came to home along w/fire dept - luckily, he wasn't charged and just had to surrender a $1900 gun; cops were nice enough to give him his Leupold scope + ARMS mount back. His problem? He'd moved back & forth between CA & Oregon and hadn't really heard about details of AW registration process/issues - he'd thought since he'd bought his gun at a CA dealer w/10 day wait + DROS + 4473 he was on the up & up.

MAK90's buddy has already made waves by posting here originally. He'd be easy to track down in an hour or two - no such thing as anonymity on the internet - and made to give the guy up. And if MAK90 guy had told the original poster, he's probably blabby enough he's told other folks as well...

Time for the metal saw... this ain't no infraction.


Bill Wiese
San Jose

[Stanze]

cops were nice enough to give him his Leupold scope + ARMS mount back.



How nice of them not to charge him, however only the lower receiver would of been contraband, what a waste of quality parts.

[saki302]

The S.A.R. show is coming up in 1.5 weeks. If I were in his shoes, I'd bring it there and sell it off- check for AZ I.D. before selling to a private party.

One of me FFLs does have an AW permit- I think he told me he cannot legally accept an unregistered AW to sell for someone out of state- they must be turned in or destroyed!!!

So your options are:
1. drive it out of state and store it or sell it (a little iffy)
2. Bury it somewhere (iffy)
3. Turn in the receiver and get squat for it. (legal)

-Dave

[Kestryll]

He'd be easy to track down in an hour or two - no such thing as anonymity on the internet - and made to give the guy up.

How would he be 'made to give the guy up' ?
Not a chance. They could TRY to threaten or coerce but what do they have that would stand up even to probable cause?
"Tell us!" "Blow it out your rear!"

"We read on the internet that some guy told you he had a rifle.."
Yeah, that's going to stand up as PC, much less get a warrant.

[bwiese]

First...I am not a 'dude'.

Second...Kee-riminey. The paranoia is so thick in here, you could cut it with a knife.

Put it in a gun safe and forget about it. If it was going to be a problem, your door would have already been broken down between 1990 and now. :rolleyes:


I prefer to be paranoid with felony issues. Mostother sane people here do too. But maybe you have less to lose.

Sure, it's only a small chance you'd be celled with Bubba.

AW enforcment is ramping up. It's getting to be like having a machinegun now.


Bill Wiese
San Jose

[bwiese]

How nice of them not to charge him, however only the lower receiver would of been contraband, what a waste of quality parts.

Yes. I told him he shoulda snagged the upper, but it was too late. He was scared, this was his first LEO contact ever, and he had many other issues on the burner at that time (sick father, unstable brother) and those were priorities.

Just shows you how good people can (almost) get trapped up.

Bill Wiese
San Jose

[bwiese]

How would he be 'made to give the guy up' ?
Not a chance. They could TRY to threaten or coerce but what do they have that would stand up even to probable cause?
"Tell us!" "Blow it out your rear!"

"We read on the internet that some guy told you he had a rifle.."
Yeah, that's going to stand up as PC, much less get a warrant.

Frankly, we don't know the mental toughness of the original poster (MAK90 owner's purported 'friend'), any outstanding legal issues he himself might conceivably have, his knowledge of law/freedoms, or how he'd stand up to threats/coercion and start blabbing.

Many criminals often send themselves to jail by talking too much - so giving someone else up is at an even lower measure...


Bill Wiese
San Jose

[bwiese]

Well...thank you for the back-handed ad hominem attack. You are paranoid.
He should have put it in his gun safe and forgot about it.

I'm not attacking you, just your attitude(s).

The problem is that other readers here may draw inferences from your attitude that this is not a serious thing. I want to disabuse them of that. Illegal AW possession is starting to be treated like illegal MG possession.

And the fact this is a $200ish gun makes it even worse. Um, let's see, $200 gun vs. $10K lawyers' fees, prison time, fine? Hmm. No brainer.

Felonies, imprisonment, etc. and lifetime firearms bans are indeed serious consequences. Sometimes how things are charged are dependent on whether you live in rural vs metro areas. This ain't tinfoil hat territory.

Given I've seen how close it comes, it's not paranoia, it's practicality. When you do something dumb like the MAK90 guy does, you end up possibly placing yourself under the thumb of what's essentially a political prosecution.

There's a reason for Harrott, Dingman, Jorge M. and other cases existing - these folks somehow all got entangled with assault weapons.
At least some of these had some wiggle room. There probably won't be any appeal cases named after MAK90 guy - he'd have to plead out.


Bill Wiese
San Jose

[saki302]

A MAK-90 is a named weapon- even Harrott's won't help you there. If you only own one AW, and owned it before 2000, I think it's still an infraction or a misdemeanor though. You could check the statutes to be sure. I'd still get rid of it out of state if I were him.

-Dave

[dwtt]

That'd have to be done with care. In 2000 I heard that so many people were doing that--driving into Nevada to sell their AW's--that it was a buyers market. Dealers weren't paying much.

Legally, Federal law prohibits PPT's between residents of different states.

This is what I did with my guns. I didn't want to register my AK47 or Cobray so I sold them in Reno for less than the prices in Shotgun News. At least the dealer paid me in cash. I regret that decision. However, now it's not legal to drive to NV to sell an unregistered AW since the registration period is over. The only options are to disable the gun or to hand it over to the police.

[rssslvr]

if that person keeps that gun then they are a fool.why would any one even consider giving up their rights for a $300 gun.your friends mak90 ain't that cool cut it up now it isn't worth the hassel

[50 Freak]

Cut Bill some slack, he is a little "paranoid" at times, but that is because Bill is fully aware of the legal ramifications associated with this and is trying to warn you.

Ultimately it is your buddy that has to make the decision whether to keep the Mak-90 or not. It's his life so he should be aware of the consequences and make his own decision.

This board is just trying to tell you what can happen.

Don't kill the messenger.

[saki302]

You can also pay for a locker at Front Sight in NV to store your AW's.
that way it will still be yours if you ever leave CA.

-Dave

[C.G.]

Cut Bill some slack, he is a little "paranoid" at times, but that is because Bill is fully aware of the legal ramifications associated with this and is trying to warn you.

Ultimately it is your buddy that has to make the decision whether to keep the Mak-90 or not. It's his life so he should be aware of the consequences and make his own decision.

This board is just trying to tell you what can happen.

Don't kill the messenger.

There is a major difference between "prudent" and "paranoid." I am prudent and as far as I am concerned, so is Bill. Then there is the term "stupid," "reckless" and "bold." Stupid will do whatever, because he just doesn't know any better, "reckless" will know better, but will do it regardless, "bold" will take a calculated risk, but a risk nevertheless. Artherd is "bold," after seeing his documentation on his latest acquisition; that would be the road I would follow and my guess is, so would Bill.