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Swif
03-06-2012, 8:13 PM
What is the best way to see if a riffle is registered as a legal assault weapon?

When a transfer takes place with something like this what steps need to be taken?

I know there is a lot of info here. I would like some direction of what post to read please.

Thank you fellow members for the education in advance.

Bigtwin
03-06-2012, 8:29 PM
Little more info on your question would help!
One cannot purchase and RAW(registered assault weapon) from another in this state. Once it is registered and yours....it is yours only in this state!
Anybody selling one would know out right 100% the fact of it being a RAW. If they are not sure then...they are not in compliance with the law or are not in compliance with the law!

Librarian
03-06-2012, 8:30 PM
What is the best way to see if a riffle is registered as a legal assault weapon?

When a transfer takes place with something like this what steps need to be taken?

I know there is a lot of info here. I would like some direction of what post to read please.

Thank you fellow members for the education in advance.

You, nor anyone not a licensed FFL with an 'assault weapon permit', cannot transfer a RAW inside California. (You, or anyone, as a California resident, cannot buy one out of state, either.)

Anyone with a RAW should have papers, and they should know.

If a rifle is on the list, and the owner does not have registration papers, stay far, far away.

If a rifle is 'by features' an a/w, it needs a bullet-button or other magazine locking device. If you see it with such a device, there's no way for you to know if it is registered or should be registered.

See also the wiki -- http://wiki.calgunsfoundation.org/History_of_%27Assault_Weapon%27_laws and http://wiki.calgunsfoundation.org/Possession_of_UNregistered_California_%22assault_w eapons%22

Swif
03-06-2012, 8:45 PM
Thank you so far.

so how does family members pass a RAW?

I will read the links and see what other questions I come up with?

Swif
03-06-2012, 9:13 PM
"The law created a list of firearms by name, called them ‘assault weapons’, and broadly required (1) that owners of these rifles register them and (2) none of them could be transferred in-state to private individuals. That list of weapons also included two significant ‘groups’ of rifles: “All AK series” and “Colt AR-15 series”."

So if I have one of these and I choose not to register the riffle I face loosing the riffle?

"The plaintiffs also challenge the AWCA as a violation of the
Second Amendment to the United States Constitution. They argue
that the Fourteenth Amendment incorporates the Second such that it
limits the actions of states in addition to those of Congress, and
that the right to bear arms exists to protect the individual as
well as to assist in the common defense through the use of a well-
regulated militia.

The Supreme Court, however, has held that the Second Amendment
constrains only the actions of Congress, not the states. See
United States v. Cruikshank, 92 U.S. 542, 553, 23 L.Ed. 588 (1876)
("The second amendment declares that [the right to bear arms]
shall not be infringed; but this ... means no more than that it
shall not be infringed by Congress. This is one of the amendments
that has no other effect than to restrict the powers of the
national government. . . . "); Presser v. Illinois, 116 U.S. 252,
264-65, 6 S.Ct. 580, 583-84, 29 L.Ed. 615 (1886) (same). We are
therefore foreclosed from considering these arguments."

My understand it a state can not have a law that is agents the Constitution. I am reading the statement incorrectly? Then the fact that LEO can carry and citizens can not makes not sense. Did I read correctly the retired LEO have the option carry as well?

"Stop talking/posting!
It is extremely unwise to admit to a crime in a public forum, especially one read by many police agencies and the Department of Justice."

With out a doubt. This is why I ask to make sure I am in good standings and understand the laws.

So to answer my own question about passing down to a family member, I take it that it cannot be done. the new owner would have to give up the lower receiver correct?

Thanks again for the information . Look forward to learning more.

Librarian
03-06-2012, 9:19 PM
With Heller and McDonald, the constitutionality of the AWCA is probably subject to challenge - but not just yet; there's some foundational law that has to be clarified first.

You are correct - cannot transfer by inheritance, and have it stay in CA (legal to move it out of state).

Also correct, there is an exception for LEO while employed, and a recent change on whether that still applies to retired or otherwise separated LEO; very active thread in the 2A forum on that topic, sparked by a bill introduced last week.

Swif
03-06-2012, 9:27 PM
So if in CA what does a family do? Give up the lower?

chillincody
03-06-2012, 9:44 PM
So if in CA what does a family do? Give up the lower?

cut the lower up in many many pieces then throw away (now its a parts kit) !! buy a lower at a ffl locally wait 10 days install a bullet button and all your parts from your parts kit and use 10 round mag and 100% legally owned rifle in ca

Swif
03-06-2012, 9:50 PM
so you can had the same riffle with a different lower and a bullet button? What a mess to keep a riffle in the family.

What are the chances of the bill being reserved? I know this has been going of for years, but with out spending days right now how have we faired to get this mess removed?

chillincody
03-06-2012, 9:55 PM
yes it is the lower banned by the name not the other parts


I dont for see the AWB going away any time soon so for the time being we just need to keep fighting for our rights and make due with what we have at this time in regards to BB, 10 round mags etc..

chillincody
03-06-2012, 9:58 PM
Also my 2 cents is if whoever has ownership of the rifle is in ca without the proper paper work It would be very advised of them to DESTROY THAT LOWER ASAP im not a lawyer but im pretty sure that lower = 15 - 20 years in club fed for illegal AW possesion

shy 7th
03-07-2012, 8:47 AM
...What is the best way to see if a riffle is registered as a legal assault weapon?...

...So if I have one of these and I choose not to register the riffle I face loosing the riffle?

so you can had the same riffle with a different lower and a bullet button? What a mess to keep a riffle in the family.


LOL Most "riffles" I've seen in one thread.

http://en.wikipedia.org/wiki/Riffle
is not the same as...
http://en.wikipedia.org/wiki/Rifle

We all make spelling mistakes, but this is bordering on intentional. One "F" dude.

Heretodaygonetomorrow
03-07-2012, 10:37 AM
If you want to keep the gun intact, and in the family, you can ship the complete weapon out of state, or disassemble it, remove the lower, and ship the lower out of state (to a relative for safe keeping?). Reassemble the weapon with a OLL and bullet button until such time that the law changes, at which which point you can have the Lower shipped back from exile. Then, you can sell the OLL, or build it into a 2nd weapon.

Swif
03-07-2012, 8:10 PM
If you want to keep the gun intact, and in the family, you can ship the complete weapon out of state, or disassemble it, remove the lower, and ship the lower out of state (to a relative for safe keeping?). Reassemble the weapon with a OLL and bullet button until such time that the law changes, at which which point you can have the Lower shipped back from exile. Then, you can sell the OLL, or build it into a 2nd weapon.

This option just plan sucks!

Librarian
03-07-2012, 8:21 PM
If you want to keep the gun intact, and in the family, you can ship the complete weapon out of state, or disassemble it, remove the lower, and ship the lower out of state (to a relative for safe keeping?). Reassemble the weapon with a OLL and bullet button until such time that the law changes, at which which point you can have the Lower shipped back from exile. Then, you can sell the OLL, or build it into a 2nd weapon.

Poor suggestion - transport of an unregistered a/w, which is the fear here, is a felony.

Again, see the wiki -- http://wiki.calgunsfoundation.org/Possession_of_UNregistered_California_%22assault_w eapons%22

ETA see also the wiki on shipping - http://wiki.calgunsfoundation.org/Shipping_Firearms_Within_California

Such a lower as we are contemplating would be the serialized part, the actual firearm, so regs on shipping a firearm would apply.

freonr22
03-07-2012, 8:27 PM
The bullet button is not the only optin if the owner had over ten round mags before 2000 if configured to featureless. Depending on what they have, after getting a new lower, a monster man grip and flash hider removal or replacement to a brake, and you could still drop the mags you owned before 2000.