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45DAVID1
02-14-2011, 1:03 PM
Does anyone have the specific penal code and or forms that say it is ok to unregister your SB23 registered AW?

The department I work for is having some issues with giving out letterhead to buy AW's and the future issue of retirees keeping then keeping their AW's. It's been mentioned that the registered SB23 AW's can be unregistered and then have BB's/maglocks applied to comply with the laws.

All I need is the penal code section and forms for the process. I have printed out the section in the FAQ's of the DOJ BOF website but it did not provide a link or PC code.

Thanks!

JSilvoso
02-14-2011, 1:34 PM
It's not a Penal Code section, but a Reg:

(a)
The Department will accept voluntary cancellations for assault weapons that are no longer possessed by the registrant. Cancellations will also be accepted for assault weapons, defined and registered pursuant to Penal Code section 12276.1, that have been modified or reconfigured to no longer meet the assault weapon definition. Cancellation requests must be signed, dated, and provide the following information:

(1)
Registrant's full name, telephone number, and current address; make, model, and serial number of the assault weapon; and the DOJ assault weapon registration number (as indicated on the registration confirmation letter provided to the registrant at the time of registration). If the DOJ assault weapon registration number is unknown, the request must be notarized.
(b)
After confirmation of the information provided on the cancellation request, the Department will permanently delete the registration for the specified assault weapon(s). If there are no remaining assault weapons registered to the individual, all personal information regarding the registrant will also be deleted from the assault weapon data base. The Department will mail confirmation of the cancellation to the address provided on the request.

11 CCR 5473

45DAVID1
02-14-2011, 1:37 PM
Thanks

cmaynes
02-14-2011, 1:37 PM
why should department rifles go to PD retiree's? I can understand handguns, but I don't see the validity of rifles being released as well.

dantodd
02-14-2011, 1:43 PM
why should department rifles go to PD retiree's? I can understand handguns, but I don't see the validity of rifles being released as well.

The PDs are not giving away department weapons. They want to permit officers to use personal weapons for duty in an AW configuration. The ag has said they will not give officers permits to keep the weapon in AW status ion retirement.

Sent via tapatalk on my Samsung Vibrant.

jl123
02-14-2011, 1:46 PM
why should department rifles go to PD retiree's? I can understand handguns, but I don't see the validity of rifles being released as well.

They're personal rifles that officers were allowed to buy with permission from their chiefs. Apparently, a decision has been made that once they retire, they are no longer entitled to keep their registered assault weapons.

45DAVID1
02-14-2011, 1:55 PM
They're personal rifles that officers were allowed to buy with permission from their chiefs. Apparently, a decision has been made that once they retire, they are no longer entitled to keep their registered assault weapons.

BINGO... that point has arisen and there is currently no department policy to deal with that issue. The people with the bars and stripes were unaware that a registered SB23 AW can be unregistered, installed with a BB/maglock/monsterman grip, etc... then be legally owned. I'm guessing a department SOP needs to be created if the letters will ever be given out in the future.

cmaynes
02-14-2011, 2:09 PM
The PDs are not giving away department weapons. They want to permit officers to use personal weapons for duty in an AW configuration. The ag has said they will not give officers permits to keep the weapon in AW status ion retirement.

Sent via tapatalk on my Samsung Vibrant.

got it- I didnt recognize that this was privately held weapons.... In that case I totally agree- but only in that case....

bwiese
02-14-2011, 2:45 PM
They're personal rifles that officers were allowed to buy with permission from their chiefs. Apparently, a decision has been made that once they retire, they are no longer entitled to keep their registered assault weapons.

I love the multimillion dollar buyback that's gonna happen due to detrimental reliance on PD/SO & DOJ statements. LEO-reg'd AWs are predominantly Colt, with a scattering of Bushmasters and LMTs - higher-value guns that run on Gunbroker for at least $850 or more, and many of which are banned by name on Roberti-Roos or Kasler lists.

Either that, or fixup legislation is gonna have to occur - and retired cops do not have any special status beyond that of regular Californians so we walk right into an equal protection matter...

Thanks Jerry! :)

scootergmc
02-14-2011, 2:50 PM
Either that, or fixup legislation is gonna have to occur - and retired cops do not have any special status beyond that of regular Californians so we walk right into an equal protection matter...

Thanks Jerry! :)

It is a very unique situation that will surely have to be addressed in the nearest future. The impeccable timing of Jerry Brown- I look forward to the fallout. ;)

GOEX FFF
02-14-2011, 7:53 PM
It's not a Penal Code section, but a Reg:

(a)
The Department will accept voluntary cancellations for assault weapons that are no longer possessed by the registrant. Cancellations will also be accepted for assault weapons, defined and registered pursuant to Penal Code section 12276.1, that have been modified or reconfigured to no longer meet the assault weapon definition. Cancellation requests must be signed, dated, and provide the following information:

(1)
Registrant's full name, telephone number, and current address; make, model, and serial number of the assault weapon; and the DOJ assault weapon registration number (as indicated on the registration confirmation letter provided to the registrant at the time of registration). If the DOJ assault weapon registration number is unknown, the request must be notarized.
(b)
After confirmation of the information provided on the cancellation request, the Department will permanently delete the registration for the specified assault weapon(s). If there are no remaining assault weapons registered to the individual, all personal information regarding the registrant will also be deleted from the assault weapon data base. The Department will mail confirmation of the cancellation to the address provided on the request.

11 CCR 5473


I can see that it would be best to have your name clear of a RAW once it goes out of your possession.

I see that is says voluntarily. So there is No mandatory rule for notifying and dereging if it's been sold out of state as well correct?

Is there a certain time frame that you should notify DOJ once you've disposed a RAW?


Every time you deregister a RAW, Sarah Brady gets orgasmic.


(No kittens are meant to be harmed by this posting.... Nor adding to the excitement of Sara bRaDy's..............) :puke:

RickD427
02-15-2011, 3:22 AM
The PDs are not giving away department weapons. They want to permit officers to use personal weapons for duty in an AW configuration. The ag has said they will not give officers permits to keep the weapon in AW status ion retirement.

Sent via tapatalk on my Samsung Vibrant.

The recently issued AG Opinion is not a model of clarity. LEO's who purchase Assault Weapons (as defined by the Penal Code) can register them with the Attorney General and that makes their possession lawful (Penal Code section 12280(f)(2)).

The AG Opinion held that officer may not continue to possess the Assault Weapons after retirement, but it is silent as to what section of law the retired officer would be violating if he/she kept the weapon in their private ownership. The opinion suggests that DOJ should "revoke" the registration of such weapons, but I have not been able to locate anything in the statutes that allows the revocation of registration.