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JackOfBlades
04-07-2011, 7:47 PM
This is probably a dumb question but does anyone know if you are allowed to borrow someones registered assault weapon and take it out shooting without them? I ask this because my uncle owns a HK-91 thats been sitting in my families house for 15 years and i feel so guilty having it sit there. I cant get him to go out and shoot it with me so im wondering if id run into any legal trouble if i took it out without him.

The Director
04-07-2011, 7:49 PM
You can only use it in the presence of the registered owner.

Mstrty
04-07-2011, 7:53 PM
Possession is a 'wobbler'
A "clean" first offense can be relatively minor:

(b) Any person who, within this state, possesses any assault
weapon, except as provided in this chapter, shall be punished by
imprisonment in a county jail for a period not exceeding one
year, or by imprisonment in the state prison.
There was a lesser penalty for violations within one year of the end of registration, but such times are gone.

Transport is a FELONY
Sometimes a suggestion is made just to take a suspected unregistered "assault weapon" out of state. This is a very poor idea:

12280. (a) (1) Any person who, within this state, manufactures
or causes to be manufactured, distributes, transports, or
imports into the state, keeps for sale, or offers or exposes
for sale, or who gives or lends any assault weapon or any .50
BMG rifle, except as provided by this chapter, is guilty of a
felony, and upon conviction shall be punished by imprisonment
in the state prison for four, six, or eight years.

Cokebottle
04-07-2011, 7:55 PM
+1

You can't even HOLD it when the owner is not in your immediate presence.

pdq_wizzard
04-07-2011, 8:17 PM
+1

You can't even HOLD it when the owner is not in your immediate presence.

well of corse they had to put that part in the law, just think of the kittens :eek: :TFH:

Mstrty
04-07-2011, 8:50 PM
Remember this only applies in California, the other free States you may enjoy the same weapon without someone who is anointed standing next to you.

JackOfBlades
04-07-2011, 11:33 PM
Thanks for the info guys. Guess im gunna have to drag him out with me somehow.

bwiese
04-08-2011, 9:02 AM
Additionally those under 18 cannot shoot the AW in CA, even if they are the immediate family of the original owner and are in the AW owner's presence.

choprzrul
04-08-2011, 10:27 AM
CA PC 12280 (k) provides the exceptions:

(k) Subdivision (a) shall not apply to either of the following:

(1) A person who lawfully possesses and has registered an assault weapon or .50 BMG rifle pursuant to this chapter who lends that assault weapon or .50 BMG rifle to another if all the following apply:

.....(A) The person to whom the assault weapon or .50 BMG rifle is lent is 18 years of age or over and is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.

.....(B) The person to whom the assault weapon or .50 BMG rifle is lent remains in the presence of the registered possessor of the assault weapon or .50 BMG rifle.

.....(C) The assault weapon or .50 BMG rifle is possessed at any of the following locations:
...........(i) While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.
...........(ii) 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.
...........(iii) While attending any exhibition, display, or educational project that is about firearms and that 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.

All of 12280 is available Here. (http://law.onecle.com/california/penal/12280.html)

.

Connor P Price
04-08-2011, 10:33 AM
Phew! I feel safer!

Sent from my SGH-T959 using Tapatalk

OleCuss
04-08-2011, 11:25 AM
Actually, forget about the range, you can't leave the RAW around where others can get hold of it. So I keep my RAW in a safe to which my wife doesn't have access.

It's really pretty ridiculous - especially when I could buy my wife (or daughter) a nearly identical firearm without any problem at all.

It gets even more ridiculous in some scenarios. My RAW is community property. But if I were to die it is not at all clear to me how my wife can dispose of it. Also, if we were to divorce, she cannot have access to a piece of the community property which is being split up - not easy for her to sell it, she can't use it, etc.

It's sufficiently bizarre that I've considered getting rid of my AR-15 just so that my wife has access to everything - especially true since I don't bother with my 30 round magazines and thus essentially use it as a non-RAW. Still, I should be able to keep my RAW and am not willing to give it up just because my government is insane/inane.