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nhanson
07-26-2007, 8:33 PM
Ive been researching the OLL materials and discovering the meticulous nature of words and verbs and another legal wording questions came to mind in light of all the M1 carbine popping up from CMP sales.
Fellow Calgunners with more legal savvy than I, here is my question:

M1 carbines can be converted to full auto relatively easily and the Federal (NFA) position on build/possession/and constructive possession seems quite clear. However, the California statute (PC12200) seems to identify that possession of a single part in an M-2 kit is illegal. Does California hold the same definition as the Federal government or is it really much stricter?

Here are the Fed and State statutes for reference, let me know what you think?

Federal
SPECIAL NOTE: M-1 Carbines altered by substitution of M-2 kits to permit automatic fire are also machine guns. Carbine receivers marked M-2 are machine guns, even though they may only be capable of semiautomatic fire.
Possession of an unregistered M-2 conversion kit, which consists of the following seven parts, constitutes possession of an unregistered NFA firearm; regardless of whether or not assembled;
1. selector
2. selector spring
3. selector lever assembly
4. hammer
5. disconnector
6. disconnector spring
7. disconnector plunger

California State
12200. The term "machinegun" as used in this chapter means any weapon which shoots, is designed to shoot, or can readily be restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person. The term also includes any weapon deemed by the federal Bureau of Alcohol, Tobacco, and Firearms as readily convertible to a machinegun under Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code.


Thanks for entertaining the question.

bwiese
07-26-2007, 8:40 PM
California and Fed law largely track each other on NFA-type weapons (MGs, SBRs, SBSes and 'constructive possession' concepts. The California lanugage seems pretty specific on even one conversion part.

The note about the M2 is a clarification and is not actual law - I would not own even a SINGLE part from that list, let alone all seven, regardless of whether or not I owned an M1 carbine to go with it.

The BATF is currently on a tear for constructive possession of 9mm SMGs built from tube receivers (and firing from open bolt) along with surplus parts kits. One Calgunner just got out by the skin of his teeth, if the wells don't run dry... I think he was largely saved by the fact he was making outrageous efforts to make such a firearm California legal...