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swiftone
04-07-2011, 12:36 PM
answered

cb006
04-07-2011, 1:01 PM
This thread (http://www.calguns.net/calgunforum/showthread.php?t=415300&highlight=assault+weapon+charge) mentions this story (http://blogs.sacbee.com/crime/archives/2011/03/sacramento-da-w-5.html) which is kind of similar to your scenario. Granted, in this case, the guy's rifles weren't OLLs (in violation of PC 12276), but the letter of the law states a fixed magazine that accepts more than 10 rounds is an illegal assault weapon (PC 12276.1 (a)(2)).

Would it happen? Depends on a lot of things I think, such as the jurisdiction this happens in, whether or not the cops file charges, or whether or not the DA decides to prosecute. I don't know about you, but I'd rather not be a test case.

unusedusername
04-07-2011, 1:03 PM
If you are using a 10+ round magazine in a BB equipped AR then you are illegally creating an AW.

The fact that you may have used it in a self-defense situation does not make creating an AW "less illegal".

Since you have a featureless one already just outfit the featureless as your "go to" rifle, then you have no issues to worry about.

MultiCaliber
04-07-2011, 1:27 PM
/\ /\ /\
This.

I personally would rather have a gun that is legally configured for any situation where LE gets involved, especially it's a situation where the firearm needs to be pointed at someone or, God forbid, fired at them. Go with the featureless, or better yet, a pistol or shotgun. Most self defense situations won't call for the kind of range/penetration a .223 has anyway.

12voltguy
04-07-2011, 1:37 PM
Have there been any cases where a person has used a high capacity magazine in a bullet button equipped AR or similar rifle and using it in a clear case of self defense, and then being arrested for an Assault weapon violation?
Like many others I am sure, I keep one loaded legally owned hi-cap mag loaded in my safe. I also have a featureless rifle and some “papered” AW's, but in a true self defense situation I would want my OLL M4 clone in my hands.
Just curious…

seems last week this same question was posted....

stix213
04-07-2011, 1:40 PM
You're talking about committing a felony while defending yourself with an EBR in California. As it is in CA if you defend yourself with an EBR you better look damn squeaky clean if you want the authorities on your side.

You really should think about how Felony AW possession will look after you just possibly killed a man regardless of the circumstance. There is also no such thing as a clear case of self defense. It will be you claiming you needed to kill the man while committing a felony of your own, with likely no witnesses to your defense, and a dead man killed by your illegal gun. This is not rocket science.

Kid Stanislaus
04-07-2011, 1:44 PM
Most self defense situations won't call for the kind of range/penetration a .223 has anyway.

+1 Don't give an overly ambitious DA a chance to characterize you as some kind of wacko looking for an excuse to use your nasty looking EBR.

stix213
04-07-2011, 2:33 PM
Ok, ok I get it!

What, you don't like a good forum dog pile? :p

locosway
04-07-2011, 9:46 PM
If some how you were trapped in a room in your home and all you had was your AR and some pre-ban mags, I'm pretty sure you could use them against armed attackers and not be convicted. Of course, you would have to prove beyond a shadow of a doubt that you really had no other alternative to preserve your own life.

Now, if the guy was just drunk in the wrong apartment, then you're pretty screwed when you shoot him with your illegal AW.

Bhobbs
04-07-2011, 10:08 PM
If you have some papered AWs then why not rebuild one of those into a carbine?

G1500
04-07-2011, 10:15 PM
If some how you were trapped in a room in your home and all you had was your AR and some pre-ban mags, I'm pretty sure you could use them against armed attackers and not be convicted. Of course, you would have to prove beyond a shadow of a doubt that you really had no other alternative to preserve your own life.

Now, if the guy was just drunk in the wrong apartment, then you're pretty screwed when you shoot him with your illegal AW.

"Be judged by 12 than carried by 6"