02-01-2010, 8:27 PM
Mak-90 is a named assault weapon. If it wasn't registered with the DOJ before the cutoff it's radioactive. DROS is not sufficient, this had to be registered with the DOJ as an assault weapon. If you're in possession of one, talk to an attorney. Don't post anymore about it here.
That would be an AW iaw the law.
Unless registered as an AW - NO!
02-01-2010, 8:31 PM
02-01-2010, 9:06 PM
Ok, before anyone gets excited and tells me to go to the flow charts above, I already did, but I'm not sure about this.
If someone in Ca. legally purchased and dros'd a Norinco Mac 90 with thoumbhole stock in 1994, is/was any further registration required?
If you're looking for whether a gun is banned, spelling the model properly is fundamental: "MAK 90".
A "Norinco MAK-90" was indeed legal to be purchased in 1994 in California.
In August of 2000, the "Norinco MAK 90" was specifically named as a banned-by-name assault weapon on the "Kasler list" (11 CCR 5499).
At that point it was required to be specially registered as an AW with the DOJ Firearms Division by Jan 23, 2001 - you had to mail in a $20 fee, a special card listing owner details plus the gun's make+ model + serial# plus other descriptive items (caliber, barrel length, etc). Once registered as an AW, you could continue to possess it, but there more restrictive transport requirements, couldn't be sold in CA, inherited in CA, etc.
No additions, removals or changes in any part of a MAK90's configured features suite or operational parts will likely eliminate AW status.
No new Calif. AW registration period has, nor likely will be, opened up.
The gun is illegal to possess in California. If transported, the simple 12280(b) PC possession charge ("wobbler": felony/misdemeanor/nuisance) can be accompanies by a felony transportation charge (12280(a) PC).
Is this rifle legal to shoot at a public range or on private propety?No, it's 100% illegal. There's no "on private property" exemptive shield for illegal conduct - any more than, say, your storing stolen proceeds of a bank robbery in your home. Illegal is illegal, period.
Folks finding themselves with a banned-by-name AW should do the following:
(1) SHUT THE F***K UP IF ANYONE ASKS. If LE asks, refer questions
to a lawyer. PERIOD.
(2) IMMEDIATELY strip the rifle down to the bare receiver, and
separate the other parts well away from the receiver. Destruction
of the receiver can only help.
This raises the threshold of prosecution if you are not stupid enough
to talk to LE about the situation, should occur.
(3) IMMEDIATELY contact a criminal attorney to arrange surrender
of the receiver to LE agency. Don't try to do it yourself. This action
can 'clear the books' transactionally to wipe out the prior crime.
[Simply disassembling the gun and destroying/disposing of the receiver
indeed stops the ongoing crime of illegal AW possession, but it doesn't
erase the prior crime though it does raise the threshold. To be 100%
squared away, the above recipe should be followed exactly.]
There's a special word for people with illegal Category 1 or 2 AWs who try to take them outside CA for sale: STUPID. One busted tailllight and a vehicle search can lead to felony charges. Remember, unregistered AW transport is a worse - and separately chargeable - crime than simple unreg'd AW possession.
Also, don't think you can just keep an illegal AW in your house and you'll be safe from criminal charges. Gun lawyer Don Kilmer's told me (approximately) 75+% of Calif. AW charges are due to 'domestic' situations -- and that doesn't mean domestic violence. There are a wide variety of exigent circumstances where police/LE can enter your house, even thru no fault of your own.
If the above describes your situation, please act IMMEDIATELY on what I've written, and do not post more here.
There is no privacy on the internet, and you have just 'outed' yourself and your situation.
02-01-2010, 10:31 PM
Quick solution..... Move to Nevada!
02-01-2010, 10:38 PM
Quick solution..... Move to Nevada!
Read Bill's post above about transportation of the weapon being an even worse idea than simple posession ...
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