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View Full Version : Mauser C96 Type legality in CA?


nightwolf0215
09-08-2012, 11:46 PM
I am wondering about the legality of this pistol in CA. I know it has to have a bullet button because the mag is out of the mag well. However, I am wondering because I have heard somewhere that C&R might be exempted somewhat from this type. Even some sources said the C96 with stock (usually are SBR) can also be obtained as C&R. I dont know if that applies to CA as well?

What about the top fed C96 with feeding clip. How are those concern as far as fixed mag go (if that applies)

Interesting Pistol. I dont want to get it right now, but the question just suddenly popped up.

http://upload.wikimedia.org/wikipedia/commons/thumb/3/38/Mauser_C96_M1916_Red_4.JPG/220px-Mauser_C96_M1916_Red_4.JPG

InGrAM
09-09-2012, 1:25 AM
It does not need a bullet button because it has a fixed magazine.

It is legal to use with the stock/holster as long as it has the slot for the stock.

I love mine, it is a very fun gun to shoot. Especially with the stock/holster attached.

BigRich
09-09-2012, 3:26 AM
It is legal to use with the stock/holster as long as it has the slot for the stock.
Be careful with this. ATF narrowly defines which C96 pistols are legal to use with the buttstock/holster. Outside of that and you have an SBR. Do lots of research first. The pistol itself is legal as long as it is this model. There were some imported that were non-selectfire Schnellfeur (sp) type pistols that had larger detachable magazines. Those needed to be registered or otherwise dealt with.

Quiet
09-09-2012, 6:42 AM
Mauser C96 that uses a fixed magazine is CA legal.

Mauser C96 that uses detachable magazine is not CA legal. [PC 30515(a)(4)(D)]

Mauser C96 with original holster/stock is exempt from Federal and CA state SBR laws, because it is C&R exempt per BATFE. [PC 17705(a)]
Therefore it is legal to own a Mauser C96 with corresponding holster/stock in CA.

However, there is no C&R exemption to CA's assault weapon laws.
With the holster/stock attached to the Mauser C96, it meets CA's definition of a rifle [PC 17090], and not legal due to being a semi-auto centerfire rifle with an overall length of less than 30". [PC 30515(a)(3)]

Summary:
It is CA legal to own a Mauser C96 that operates from a fixed magazine and legal to own the holster/stock for the Mauser C96.
It is not CA legal to attach the holster/stock to the Mauser C96, but legal to do so in other states.

beetle
09-09-2012, 7:26 AM
Mauser C96 that uses a fixed magazine is CA legal.

Mauser C96 that uses detachable magazine is not CA legal. [PC 30515(a)(4)(D)]

Mauser C96 with original holster/stock is exempt from Federal and CA state SBR laws, because it is C&R exempt per BATFE. [PC 17705(a)]
Therefore it is legal to own a Mauser C96 with corresponding holster/stock in CA.

However, there is no C&R exemption to CA's assault weapon laws.
With the holster/stock attached to the Mauser C96, it meets CA's definition of a rifle [PC 17090], and not legal due to being a semi-auto centerfire rifle with an overall length of less than 30". [PC 30515(a)(3)]

Summary:
It is CA legal to own a Mauser C96 that operates from a fixed magazine and legal to own the holster/stock for the Mauser C96.
It is not CA legal to attach the holster/stock to the Mauser C96, but legal to do so in other states.

^^^ this is exactly my understanding as well.

nightwolf0215
09-09-2012, 8:00 AM
It does not need a bullet button because it has a fixed magazine.

It is legal to use with the stock/holster as long as it has the slot for the stock.

I love mine, it is a very fun gun to shoot. Especially with the stock/holster attached.

Mauser C96 that uses a fixed magazine is CA legal.

Mauser C96 that uses detachable magazine is not CA legal. [PC 30515(a)(4)(D)]

Mauser C96 with original holster/stock is exempt from Federal and CA state SBR laws, because it is C&R exempt per BATFE. [PC 17705(a)]
Therefore it is legal to own a Mauser C96 with corresponding holster/stock in CA.

However, there is no C&R exemption to CA's assault weapon laws.
With the holster/stock attached to the Mauser C96, it meets CA's definition of a rifle [PC 17090], and not legal due to being a semi-auto centerfire rifle with an overall length of less than 30". [PC 30515(a)(3)]

Summary:
It is CA legal to own a Mauser C96 that operates from a fixed magazine and legal to own the holster/stock for the Mauser C96.
It is not CA legal to attach the holster/stock to the Mauser C96, but legal to do so in other states.

Thanks for the advice guys. So I understand it pretty much very clearly.

THe only ambiguity left is due to the stock. From what I've collected, there is a list of C96 model exempted to have a stock. It is exempted from Federal Assault Weapon Laws. However, it is not exempted from CA's Assault Weapon Law. Therefore, it is ok to own the 2 pieces since CA assault weapon law does not have constructive possession. However, attaching stock to pistol would create an SBR under CA AW laws.

Is that right? Can I get some more opinion on this one? It seems right to me, but I still hope that BATFE C&R rulling would overrule CA's Law too haha.

morrcarr67
09-09-2012, 8:50 AM
Is that right? Can I get some more opinion on this one? It seems right to me, but I still hope that BATFE C&R rulling would overrule CA's Law too haha.

No. The way the Federal laws are written it allows for State Laws to be more restrictive.

So, in this case State laws trumps Federal laws.

Follow what Quiet an Ingram have posted and you will be fine.

ke6guj
09-09-2012, 10:17 AM
Thanks for the advice guys. So I understand it pretty much very clearly.

THe only ambiguity left is due to the stock. From what I've collected, there is a list of C96 model exempted to have a stock. It is exempted from Federal Assault Weapon Laws. However, it is not exempted from CA's Assault Weapon Law. Therefore, it is ok to own the 2 pieces since CA assault weapon law does not have constructive possession. However, attaching stock to pistol would create an SBR under CA AW laws.

Is that right? Can I get some more opinion on this one? It seems right to me, but I still hope that BATFE C&R rulling would overrule CA's Law too haha.no, if the Feds say that it is C&R SBR, then it is exempt from CA's SBR law, but not the AW law.

Root66
09-09-2012, 2:33 PM
Summary:
It is CA legal to own a Mauser C96 that operates from a fixed magazine and legal to own the holster/stock for the Mauser C96.

As dire as the times are there was a time when it was worse for this combo...even having the gun and the stock (with attaching iron) in the same house was a bust.

saki302
09-10-2012, 12:25 AM
I own one of the banned models- there were some imports from China in the late 90s of detachable mag versions. THey were actually built with old Schnellfeuer parts, but newly made lower (and probably) upper receivers, with the auto parts (And holes) gone.

I had to reg it as an AW back in '99.

MOST of the brooms out there are fixed magazine. I'd even say 99%+ of the Broomhandles are fixed mag. The detachable mag versions now go for quite a premium- had I knon I would have bought another! (got mine at Armory of Orange!)

-Dave