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View Full Version : Question for Bill or legals here


jemaddux
04-25-2006, 6:08 PM
"Newly identified AR series weapons cannot legally have the features listed in PC
section 12276.1 when they are registered. Those features cannot legally be added after the
firearms are registered as assault weapons. The PC section 12276.1 features have been
banned since January 1, 2000, when Senate Bill 23 went into effect. The public was notified of
the prohibition on the specified features many years ago."

Question was asked to me and wasn't sure of the answer. This is part of the DOJ letter and it states the AR can not have the features after it is registered. What if someone waited until the last minute of the 90 days to register and just had some fun with the AR as a 30 round clip? My answer is no but curious of what others think.:confused:

Mssr. Eleganté
04-25-2006, 6:30 PM
Well it can't have the features before it is registered either.

You could have fun with a 30 round clip if you remove the pistol grip and flash hider, but you'd be able to do that anyway after you register it as an A/W, even if the "Catagory 4" thing sticks.

tenpercentfirearms
04-25-2006, 7:36 PM
Shopkeep is under the impression that for 90 days you can't be prosecuted. So it could be the most expensive 90 days for ammo purchasers in the history of California.

jemaddux
04-25-2006, 7:56 PM
Its just a really gray question. Its says they can't have the features when they are registered or after they are registered. It doesn't say anything about before. Just a strange question they made me really look at what it says.

ohsmily
04-25-2006, 8:55 PM
this thread is unbelievable...

shopkeep
04-25-2006, 9:00 PM
Shopkeep is under the impression that for 90 days you can't be prosecuted. So it could be the most expensive 90 days for ammo purchasers in the history of California.

Well technically because the only crime committed by a "Category 4" Assault Weapon owner is committed when the registration is invalidated, there are no charges possible during the 90 day registration window because there is no registration to invalidate. I have not yet personally decided whether or not I'm going to explore this grey area during the 90 day registration period.

Jicko
04-25-2006, 9:29 PM
What is a "Category 4" AW!?

jemaddux
04-25-2006, 9:32 PM
this thread is unbelievable...


Why is that? Its just a simple question posted to me that I posted to people that know more then I.:)

ohsmily
04-25-2006, 9:38 PM
Why is that? Its just a simple question posted to me that I posted to people that know more then I.:)

Well, since you asked...for starters, #1 you are asking for concrete answers to a question arising from a MEMO that carries NO WEIGHT and isn't binding. You said that you "weren't sure". NO ONE IS. Any advice or answers regarding it are completely speculative. People are giving answers as though they know and are contributing valid responses.

#2 They are magazines, not clips.

#3 You can use 30 rounders in an off-list lower NOW if you want to if you don't have a pistol grip or other "evil" features on it now.

#4 If the DOJ actually tried to enforce policy according to that memo, it will be challenged and will not likely hold up in court. So, why proceed with some sort of abstract analysis?

That is a few things, since you asked. I wasn't going to contribute...

bwiese
04-26-2006, 7:39 AM
OK, again...

The DOJ letter is likely poorly phrased. Either the writer (Alison Merrilees? Deborah Coffin?) doesn't know the law in detail, or is just expressing herself poorly.

The memo's statement that such rifles can't have 12276.1 features doesn't really mean that. It means it can't have those features with a detachable magazine; evil features are only banned on semiauto centerfire guns w/detachable mags. These latter characteristics/items are not the 'evil features' but are initial triggering conditions - the evil features are just pistol grip, telestock/folding stock, flash hider, forward grip.

There is no law banning evil features in & of themselves without prior "triggering features" of semiauto centerfire w/detachable mag.

So even if DOJ asserts their craziness with this memo and even if we don't fight it/get it nullified, at worst it just means fixed-mag rifles.

JWC6
04-26-2006, 8:13 AM
This topic is like a "colt v. bushmaster" or any topic regarding firing wolf ammo... it pops up about once every three days or so....