question about transferring pre-ban mak 90

[sactime]

Hello,

I am new to the forums, so I hope I am posting this in the right forum.

My friend has a Mak 90 that he purchased back in the day. He has no use for it anymore and wants to sell it. Is it possible to transfer the Mak 90 from him to me through an FFL (here in California). All FFL's I've talked to either said it was illegal, or that they don't know of any FFL's that will "take on the transfer of a Mak 90". Which makes it seem like it may be possible, but difficult to do.

Thanks for any help.

[kantstudien]

No, it is not transferable, and if he did not register it with DOJ prior to Jan 1, 2000, he is in possession of a illegal weapon. The only legal thing he can do is set up an appointment to turn it in to a police station to have it destroyed. He can't even legally sell it to anyone out of state if it is not registered. If it was registered, then he can sell it out of state through a California FFL dealer who has a DOJ Assault Weapons permit. Problem is, most AW dealers don't want to get involved, nor are they obligated to.

[thedrickel]

If I was in his shoes I would cut up the receiver and rebuild it with a new one.

[tankerman]

If I was in his shoes I would cut up the receiver and rebuild it with a new one.
Where in the post does it say that it's not registered?

[KenpoProfessor]

He can sell it to me, ship it to my FFL here.

Have a great gun carryin' Kenpo day

Clyde

[Technical Ted]

He can sell it to me, ship it to my FFL here.
If it was registered as an AW with the state of CA DOJ by 2001 then it can only be shipped out of state via a CA FFL with an AW permit. If it wasn't registered (and I'm not talking about the 4473 or DROS paperwork), then he's S-O-L.

[thedrickel]

Where in the post does it say that it's not registered?

Well I kind of inferred that from the OP's total lack of a clue about it being an AW and non-transferable.

[berg]

Isn't there something in the law that states if you remove the features which make it an "assault rifle" it no longer is one?

Couldn't it just be disassembled and then sold out of state?

[Quiet]

Isn't there something in the law that states if you remove the features which make it an "assault rifle" it no longer is one?

Couldn't it just be disassembled and then sold out of state?

The features don't matter, the Norinco MAK 90 is a listed assault weapon.

There's two ways a rifle can be an assault weapon.
Either by features or if it is listed by name.

The Nornico MAK 90 is listed by name.

[sactime]

Thanks for all the replies. The gun was registered when he bought it, but I am pretty sure it was not registered with the DOJ by 2001.

[blkA4alb]

Thanks for all the replies. The gun was registered when he bought it, but I am pretty sure it was not registered with the DOJ by 2001.

Then it is not an registered AW. Purchasing the gun is not registering it. It was a seperate registration that he would have had to have sent in to the DOJ personally. This seems to come up a lot that people assume that purchasing the gun is registering it as an AW.

Do as the others have suggested and strip the rifle, destroy the receiver, and move on with the parts.

[Jicko]

No, it is not transferable, and if he did not register it with DOJ prior to Jan 1, 2000, he is in possession of a illegal weapon. The only legal thing he can do is set up an appointment to turn it in to a police station to have it destroyed. He can't even legally sell it to anyone out of state if it is not registered. If it was registered, then he can sell it out of state through a California FFL dealer who has a DOJ Assault Weapons permit. Problem is, most AW dealers don't want to get involved, nor are they obligated to.

I wouldn't do that. Anytime before the appt time, DOJ special agent supervisor Iggy can come bust his door with the SWAT team, and then finally he got himself a real illegal AW possession case! (rather than harrassing some good FFL)

Best bet is... take the rifle apart, destroy the receiver, and build up another one with a legal receiver... or have him sell you ALL the parts EXCEPT the receiver (to be destroyed).... and you go buy yourself a legal receiver and build the rifle up in a LEGAL way.

[kantstudien]

Well, yes Iggy could conceivably bust down (roll through?) the door wearing a black balaclava while armed with a Navy-trigger MP-5, but this is what BOF tells us:

If I did not register my assault weapon by the registration deadline, is there any way I can legally keep it?

No. If you did not register your assault weapon prior to the registration deadline, you must relinquish that assault weapon to a law enforcement agency. Failure to relinquish your unregistered assault weapon could result in arrest and a felony conviction.

http://ag.ca.gov/firearms/regagunfaqs.php?PHPSESSID=f0729cf7dd152725c00e6d2c 92b4e4bc#16

[thefinger]

After talking to a gunshop owner the other day, I was under the impression that if you are in possession of a listed AW you can still sell it legally within CA as long as it only goes to someone who can legally own it (LEO). This made sense to me, because this way the gun goes into LEO hands and is registered with the DOJ. If thats the case, then couldn't his friend put the rifle on consignment at a gunshop for sale to LEO only either way??

[Quiet]

After talking to a gunshop owner the other day, I was under the impression that if you are in possession of a listed AW you can still sell it legally within CA as long as it only goes to someone who can legally own it (LEO). This made sense to me, because this way the gun goes into LEO hands and is registered with the DOJ. If thats the case, then couldn't his friend put the rifle on consignment at a gunshop for sale to LEO only either way??

Unregistered assault weapons can not be legally sold to anyone in CA.

Registered assault weapons can be sold to a FFL dealer with CA assault weapons permit.


The OP's friend has an unregistered assault weapon and, in order to be legal, can either destroy it (the reciever) or turn it in to LE.

[50 Freak]

I know its taking a chance, but whey couldn't he (owner of the rifle) just drive it over to Oregon or Nevada and sell it to a dealer there?

[Blue]

I know its taking a chance, but whey couldn't he (owner of the rifle) just drive it over to Oregon or Nevada and sell it to a dealer there?


Somethin about transporting an unregistered AW.

[grammaton76]

Federal law also says that the sale has to be legal in both states (i.e. seller's and buyer's). It's not a legal sale in CA, so he can't even sell it to a dealer in another state.

Based on what I'm hearing, the safest thing he can possibly do is take a dremel to it and cut up the receiver. Then you can buy the parts kit off of him.

I'm actually going to have to write a guide to destroying AK receivers, as I had a guy at the gun show ask me what he needed to do to dispose of / destroy his FA AK. :eek:

Will post a link to it when I'm done.