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Jim_KT
12-30-2010, 7:11 PM
For those of us with Registered Assault Weapons (RAWs) that visit friends/family that reside in apartments, would the RAW owners require permission from the property manager to bring them on the premises?

Straight from California Penal Code Section 12285:
(c) A person who has registered an assault weapon or registered a
.50 BMG rifle under this section may possess it only under any of
the following conditions unless a permit allowing additional uses is
first obtained under Section 12286:
(1) At that person's residence, place of business, or other
property owned by that person, or on property owned by another with
the owner's express permission.
(2) While on the premises of a target range of a public or private
club or organization organized for the purpose of practicing
shooting at targets.
(3) While on a target range that holds a regulatory or business
license for the purpose of practicing shooting at that target range.
(4) While on the premises of a shooting club which is licensed
pursuant to the Fish and Game Code.

I'm asking because I might be headed out to the San Diego area this weekend to shoot with a good friend of mine at one of the local indoor ranges that supports rifles up to .30-06. My friend lives in an apartment.

Whenever I've traveled within CA, I have always stayed at friends' residences that were owned by them. No apartments till now.

What has me slightly scratching my head is that the apartment that I will be staying at is my friend's residence, but not his property (of course).

GOEX FFF
12-30-2010, 7:28 PM
For those of us with Registered Assault Weapons (RAWs) that visit friends/family that reside in apartments, would the RAW owners require permission from the property manager to bring them on the premises?

Straight from California Penal Code Section 12285:
(c) A person who has registered an assault weapon or registered a
.50 BMG rifle under this section may possess it only under any of
the following conditions unless a permit allowing additional uses is
first obtained under Section 12286:
(1) At that person's residence, place of business, or other property owned by that person, or on property owned by another with the owner's express permission.
(2) While on the premises of a target range of a public or private
club or organization organized for the purpose of practicing
shooting at targets.
(3) While on a target range that holds a regulatory or business
license for the purpose of practicing shooting at that target range.
(4) While on the premises of a shooting club which is licensed
pursuant to the Fish and Game Code.


I'm not a lawyer...

Here's the way I read it..I think the Key word is here "OR" rather than if it were "and". Your friend's residence at the apt IS his place of residence and that's all the permission you need from. That "OR" also would lend the option of getting permission from the Apt owner, if you wanted.
Traveling with your RAW to your friend's house of course has stricter guidelines, but we'll assume you have that in check.

Jim_KT
12-30-2010, 7:39 PM
^^^^^^^^^^

That is how I'd like to comprehend that portion. Forgot to add this from the same penal code:

(5) While attending any exhibition, display, or educational
project which is about firearms and which is sponsored by, conducted
under the auspices of, or approved by a law enforcement agency or a
nationally or state recognized entity that fosters proficiency in, or
promotes education about, firearms.
(6) While on publicly owned land if the possession and use of a
firearm described in Section 12276, 12276.1, 12276.5, or 12278, is
specifically permitted by the managing agency of the land.
(7) While transporting the assault weapon or .50 BMG rifle between
any of the places mentioned in this subdivision, or to any licensed
gun dealer, as defined in subdivision (c) of Section 12290, for
servicing or repair pursuant to subdivision (b) of Section 12290, if
the assault weapon is transported as required by Section 12026.1.

My uncertainty started with this from the CA DOJ's website:

"California Penal Code section 12285(c)(7) requires that registered assault weapons may be transported only between specified locations and must be unloaded and in a locked container when transported."

Jim_KT
12-30-2010, 7:49 PM
I'm not a lawyer...

Here's the way I read it..I think the Key word is here "OR" rather than if it were "and". Your friend's residence at the apt IS his place of residence and that's all the permission you need from. That "OR" also would lend the option of getting permission from the Apt owner, if you wanted.
Traveling with your RAW to your friend's house of course has stricter guidelines, but we'll assume you have that in check.

Just re-re-read California Penal Code section 12285(c)(7) and it is my understanding that transporting to my friend's apartment is a no-go. If it were his own property, and I had express permission from him then I'd be good-to-go.

Whew. I'll just bring one of my BB builds.

Thanks for your help!

GOEX FFF
12-30-2010, 7:56 PM
I'm sure this question has been asked before here and I recall it's OK.
Someone more In-The-Know of written law will be a long shortly to offer input I'm sure.

Jim_KT
12-30-2010, 7:58 PM
I'm sure this question has been asked before here.
Someone more In-The-Know of written law will be a long shortly to offer input I'm sure.

I searched, and found quite a bit of discussion on apartment manager breaking & entering, someone getting a T-1 installed in their apartment, but really no luck with the question(s) that I'm searching for answers on.

You're right, I'm sure it has been asked before.

GOEX FFF
12-30-2010, 8:07 PM
Yeah, it really sucks when good law-abiding people are mandated to ask permission to move their civilly protected goods/rights. :rolleyes:

blakdawg
12-30-2010, 8:33 PM
As a general legal principle, "owner" would typically be interpreted to include a tenant lawfully in possession of the premises.

I haven't done any reading or research re the specific statute in question and this is not legal advice.

megavolt121
12-30-2010, 8:39 PM
(1) At that person's residence, place of business, or other
property owned by that person, or on property owned by another with
the owner's express permission.


The PC states residence and uses the word OR a lot, so I would think that your friend's apartment is his residence.

G-forceJunkie
12-30-2010, 8:44 PM
I think your are fine with your RAW. A renter is the legal resident of an apartment, if they allow you to posess it in their apartment, your are legal. As for the transport, your whole point of traveling hundreds of miles to San Diego is for the purpose of going to a specific range to go shooting, thus legal. You're not just driving around randomly and want it in the vehicle "just because."

Jim_KT
12-31-2010, 8:28 AM
I'd like to thank everyone for their responses.

The purpose of the trip is to visit a friend, and hit a local range.

Like was mentioned in previous posts, this all started out because of the visit to San Diego and this:

"California Penal Code section 12285(c)(7) requires that registered assault weapons may be transported only between specified locations and must be unloaded and in a locked container when transported."