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View Full Version : Gun auctions and assult weapons!


gidddy169
08-28-2006, 9:07 PM
There was around 230 guns auctioned off last week up here from a private collector. The Sheriffs department was auctioning them off I believe because the collector had died and the weapons may have been confiscated. I am not possitive on the details. That being said 3 were classified as assault rifles, Colt Hbar, polytech ak and a HK 308 which were all unregistered. The sheriff was spreading rumors around that if they had been registered they could have aution them off with the rest of the guns. I don't know how he could go around telling such lies but they did. Maybe they could get a special OK from the DOJ to auction them?

If anyone knows of special circumstances that allowed an individual to sell and assault rifle or inherit one I would like to know.

One more thing a few years ago I was told that the Diablo canyon power plant auctioned off some mini 14's with folding stocks. At least I believe it was the Diablo canyon plant, it was definetly down in that area.

Ok enough rambling for me I am going to bed.

artherd
08-28-2006, 9:37 PM
There is no such provision.

However under current law, DOJ may issue an Assault Weapon Permit, but to my knowledge the number issued is 0.

Veritas_223
08-28-2006, 11:07 PM
"However under current law, DOJ may issue an Assault Weapon Permit, but to my knowledge the number issued is 0."

Really? I wonder why IC has not issued some to this friends in the Asian Officers Assoc?;)

guimus
08-28-2006, 11:09 PM
sure. They can auction them. And you can pay for them. And the minute you try to take posession of it, they'll arrest you.

adamsreeftank
08-28-2006, 11:19 PM
I wish I had been there. I would be fun to buy some rifles from a Sheriff's dept.

kantstudien
08-28-2006, 11:35 PM
However under current law, DOJ may issue an Assault Weapon Permit, but to my knowledge the number issued is 0.

Surefire has several of these "Special Weapons Permits." I know they have a machine gun permit, a short-barreled rifle/shotgun permit, and an assault weapon permit. It probably helps that they are a Class 10 manufacturer of dangerous and destructive devices.

TKo_Productions
08-28-2006, 11:35 PM
sure. They can auction them. And you can pay for them. And the minute you try to take posession of it, they'll arrest you, confiscate the AW and auction it off again. (wash, hang, and repeat as necessary until the coffers are full)

:mad: :mad: :mad:

bwiese
08-29-2006, 12:29 AM
Well, let's clear up something.... there are two kinds of assault weapons permits in CA. One is a dealer's permit to lawfully buy/sell/import/export/repair AWs.

The other permit is for possession - for example, one variant is the MAWP (Military Assault Weapons Permit). Another variant may be the mythical 'competition permit' I've heard legends of - so that folks driving to competitions in CA using an AW can stay overnight, etc. (or whatever the permit's supposed timespan is). [One should never rely on the so-called competition exemption codified in PC as that's effectively useless - it may form an element of a defense, but it's so narrowly written that you can't stay overnight, eat dinner, etc.] Whether or not these have been issued, I dunno - just have heard 2nd-hand rumors.

It'd be nice to bust the sheriff on a 12280(a) violation - he has no exemption for this. If the damned sheriff can't get the AW laws right, that's a prime example of why SB23 needs to be stricken (a la Hunt).

Whitesmoke
08-29-2006, 1:51 AM
If it was registered...couldn't they sell it out of state?

The FAQ's on the DOJ website says,

Can I inherit and keep a registered assault weapon?

No. Pursuant to California Penal Code section 12285(b), any person who obtains title to a registered assault weapon by bequest or intestate succession shall, within 90 days, render the weapon permanently inoperable, sell the weapon to a licensed gun dealer who has a permit from the Department of Justice to purchase assault weapons, obtain a permit from the Department of Justice to possess assault weapons, or remove the weapon from this state.

50ae
08-29-2006, 4:24 AM
Even if they weren't registered, what would stop them from selling them out of state. What crime were they used in that can prosecute for? The guy was dead!!

If it was registered...couldn't they sell it out of state?

The FAQ's on the DOJ website says,

Taz77
08-29-2006, 5:20 AM
If anyone knows of special circumstances that allowed an individual to sell and assault rifle or inherit one I would like to know.


I heard from my friend that there was an auction of just about that many guns from an estate sale... that the guy passed away... up in Eureka. He said that the auction was open to L.E. (and military?) only, and had an FBI agent that was going to try to help him pick up a 1903 if the price was right.

If this is the same auction, would there be a special circumstance that would allow L.E. and military to purchase AW from an estate sale/auction if they were currently active?

shonc99
08-29-2006, 7:38 AM
I just recently turned in the Military AWP and it specifies that you cannot add more AW after you have registered the AW's you currently have. Don't know about transfering out of CA and then possibly back into CA a few years down the road.

6172crew
08-29-2006, 8:23 AM
Can CA citzens serving in the .mil file for a Military AW permit?

blkA4alb
08-29-2006, 9:53 AM
Can CA citzens serving in the .mil file for a Military AW permit?
I don't believe so, only military from out of state being stationed in california could possibly get the permit. To my knowledge.

grammaton76
08-29-2006, 5:04 PM
Can CA citzens serving in the .mil file for a Military AW permit?

If you formally change your state of residency, yes.

The MAWP is intended to allow people to comply with the laws of their home state, regarding AW's. If your home state is CA, they have no sympathy for you.

shonc99
08-30-2006, 6:52 AM
The information packet that came with my application (a zerox'd copy of an application, not an origional printout :confused: ) only specifies you have to be a resident from another state. It does not state for how long.

The feeling I get is that the MAWP is intended to allow a resident from another state to keep their "AW's" (of which they are only considered an AW IN CA) because forcing another states' resident to give up legally owned property in this state would be unconstitutional because they have no choice of where they are stationed. (Yes, there is some say in where you get stationed but for some- none at all)

That is by best guess without asking the DOJ directly. I try to have as little contact as possible because my tin foil hat starts to tingle whenever I am on the phone or writing e-mails to them. :eek:

artherd
08-30-2006, 8:36 AM
Surefire has several of these "Special Weapons Permits." I know they have a machine gun permit, a short-barreled rifle/shotgun permit, and an assault weapon permit. It probably helps that they are a Class 10 manufacturer of dangerous and destructive devices.
Different permits.