PDA

View Full Version : Pre-ban MAk90


agl1911
12-05-2007, 1:15 PM
hi everyone, I am new to posting but have been lurking for awhile and was wondering if I could get some insight for a friend.

I have a buddy who has a pre-ban MAK90 purchased back in the early 90s. It was registered under his brothers name but he has been in possession of it since it was purchased. As I understand this rifle is considered an assualt rifle with "evil" features. It has a hi-cap detachable magazine and thumbhole stock. This was never registered after the law changed but it was originally registered at the time of purchase. So what she he do to comply with the law. At this point can his brother register it? Should he just turn it in to his local police for disposal? Since it is not registered as an assualt weapon AND not registered under his name if he were to go to a range and law enforcement inquires about the registration would he be in trouble or would his brother be or both. What consequences does he and his brother face? Any insight would be great... at this point the rifle is completely disassembled and in a non-firing state. Thanks in advanced.

Dump1567
12-05-2007, 1:22 PM
Here's some good reading info. that should answer your questions:

http://ag.ca.gov/firearms/regagunfaqs.php

PanzerAce
12-05-2007, 1:25 PM
if it was only 'registered' (which isn't registration really) at time of purchase, he should take it out of the state NOW or destroy it.

JHC
12-05-2007, 3:01 PM
Destroy the receiver and use the parts to build a legal rifle

ohsmily
12-05-2007, 3:12 PM
hi everyone, I am new to posting but have been lurking for awhile and was wondering if I could get some insight for a friend.

I have a buddy who has a pre-ban MAK90 purchased back in the early 90s. It was registered under his brothers name but he has been in possession of it since it was purchased. As I understand this rifle is considered an assualt rifle with "evil" features. It has a hi-cap detachable magazine and thumbhole stock. This was never registered after the law changed but it was originally registered at the time of purchase. So what she he do to comply with the law. At this point can his brother register it? Should he just turn it in to his local police for disposal? Since it is not registered as an assualt weapon AND not registered under his name if he were to go to a range and law enforcement inquires about the registration would he be in trouble or would his brother be or both. What consequences does he and his brother face? Any insight would be great... at this point the rifle is completely disassembled and in a non-firing state. Thanks in advanced.

The rifle is an illegal assault weapon under CA law. Do NOT transport the rifle out of state (getting caught for transporting an illegal assault weapon can be a more serious charge than merely being in possession of one). DO contact an attorney who is familiar with CA gun laws to arrange for surrender of the receiver OR destroy the receiver and delete this post. However, it is important to note that destruction of the receiver doesn't mean whoever possessed it before destruction didn't commit a crime that they can be convicted for (it just makes it more difficult to be convicted if the receiver disappears).

savasyn
12-05-2007, 3:17 PM
What ohsmily said.

CSACANNONEER
12-05-2007, 3:22 PM
+1 on destroying the receiver ASAP
+100 on contacting an attorney ASAP
+10000000 on deleting this thread ASAP

thedrickel
12-05-2007, 7:01 PM
Cut up the receiver into three sections. One cut thru the mag well, one where the pistol grip nut goes. Remove front receiver stub. Sell the rest as a parts kit. Keep the mags or sell as replacement parts.

Ford8N
12-06-2007, 4:00 AM
Cut up the receiver into three sections. One cut thru the mag well, one where the pistol grip nut goes. Remove front receiver stub. Sell the rest as a parts kit. Keep the mags or sell as replacement parts.

Elk River took over Armory USA. They sell the correct 1.6mm receiver for a MAK parts set.

http://www.elkrivertoolanddie.com/index.html


Better to rebuild than have a good rifle be destroyed.

colossians323
12-06-2007, 4:05 AM
This brings up an interesting question.
When the Clinton ban went into effect gun dealers cut off bayonet lugs, took off flash hiders, and swapped what ever else they needed to, to make the rifle legal.
Then they proceeded to engrave a different model number on the rifle.
If you don't alter the serial number, but do a simple change the name engraving on the receiver would that make it legal for him, or do you have to be a manufacturer to do that?
Just curious how the market got flooded with all those AW's, that just simply electropenciled a new name on the receiver.

ohsmily
12-06-2007, 8:17 AM
When the Clinton ban went into effect gun dealers cut off bayonet lugs, took off flash hiders, and swapped what ever else they needed to, to make the rifle legal.
Then they proceeded to engrave a different model number on the rifle.


Why would they change the serial number? Under the federal ban, the laws only governed features with regard to the date of manufacture of the rifle (pre-ban v post ban). WHY would they change the numbers? Please explain.

schizrade2
12-06-2007, 8:44 AM
+1 on destroying the receiver ASAP
+100 on contacting an attorney ASAP
+10000000 on deleting this thread ASAP

Are you 'effing kidding me? Why the frick would you contact a lawyer?!?!?! Just destroy the offending part. There is no constructive possession for a parts kit as long as no Fed rules are broken.

Just cut up/smash/melt/make a coaster out of the original receiver and use the part kit to build a legal one off a new, legal receiver.

:chris:

Bizcuits
12-06-2007, 8:53 AM
hi everyone, I am new to posting but have been lurking for awhile and was wondering if I could get some insight for a friend.

I have a buddy who has a pre-ban MAK90 purchased back in the early 90s. It was registered under his brothers name but he has been in possession of it since it was purchased. As I understand this rifle is considered an assualt rifle with "evil" features. It has a hi-cap detachable magazine and thumbhole stock. This was never registered after the law changed but it was originally registered at the time of purchase. So what she he do to comply with the law. At this point can his brother register it? Should he just turn it in to his local police for disposal? Since it is not registered as an assualt weapon AND not registered under his name if he were to go to a range and law enforcement inquires about the registration would he be in trouble or would his brother be or both. What consequences does he and his brother face? Any insight would be great... at this point the rifle is completely disassembled and in a non-firing state. Thanks in advanced.




Sent you a PM on an incident I was in involving this, how it helps.

ohsmily
12-06-2007, 9:28 AM
Are you 'effing kidding me? Why the frick would you contact a lawyer?!?!?!

Because the person who is in possession of it is committing a serious crime under CA law (even though it is a ridiculous law).

Just cut up/smash/melt/make a coaster out of the original receiver and use the part kit to build a legal one off a new, legal receiver.

:chris:
Destroying the receiver doesn't change the fact that the crime was committed; it doesn't negate the crime. E.g. if you are involved in a hit and run and fix your car, it doesn't mean you still can't be prosecuted for the crime. And now that this has been aired on a public forum that the DOJ is known to frequent, it would be wise to speak to an attorney and possibly arrange to surrender the rifle rather than destroy it in an attempt to erase the crime.

But, since you are an expert on the matter, I suppose he should just follow your advice.

schizrade2
12-06-2007, 9:59 AM
Because the person who is in possession of it is committing a serious crime under CA law (even though it is a ridiculous law).

Destroying the receiver doesn't change the fact that the crime was committed; it doesn't negate the crime. E.g. if you are involved in a hit and run and fix your car, it doesn't mean you still can't be prosecuted for the crime. And now that this has been aired on a public forum that the DOJ is known to frequent, it would be wise to speak to an attorney and possibly arrange to surrender the rifle rather than destroy it in an attempt to erase the crime.

But, since you are an expert on the matter, I suppose he should just follow your advice.

Yeah, if they want to get him, they will, Mak 90 or not. If he surrenders it, money says Cali DOJ will go after him either way, "just to be sure."

Whatever, go call your lawyer. Fight the DOJ's fight and go broke I guess.

xenophobe
12-06-2007, 10:14 AM
This brings up an interesting question.
When the Clinton ban went into effect gun dealers cut off bayonet lugs, took off flash hiders, and swapped what ever else they needed to, to make the rifle legal.

Just curious how the market got flooded with all those AW's, that just simply electropenciled a new name on the receiver.

Gun dealers did not do that. It was the importer who had to modify certain rifles before they would be released by customs.


Then they proceeded to engrave a different model number on the rifle.
If you don't alter the serial number, but do a simple change the name engraving on the receiver would that make it legal for him, or do you have to be a manufacturer to do that?

You can add any numbers or markings that you want, however you cannot remove them. The rifles you are talking about had permission from the ATF to modify these rifles into an importable configuration, were modified at customs, and then were allowed to be released.

saki302
12-06-2007, 10:22 AM
+100 on destroying the receiver AT ONCE. This is not legal advice, but..

Take two cuts with a sawzall (or even a hacksaw)- one just behind the front trunion, the other just in front of the rear block- sheet metal is EASY to cut. THROW AWAY the center section. Hammer it flat if you want.
You may remove the trigger parts first if you wish to have a complete parts kit.

Congrats- your friend now owns a legal parts kit, and may rebuild it into a legal configuration.

Stirring the pot will only make things worse- a lawyer will likely tell you to do the same thing.
Involvong Police/gov't entities will likely just make life far worse than borrowing a sawzall for 3 minutes.
Don't even risk transporting it out of state.

-Dave

PS- once destroyed, it would be up to the DOJ to PROVE you had it in an illegal complete form prior to whenever they caught you with it. Not so easy, yes? (unless you took pics, internet commandoed yoursefl with it, etc.), though it's already posted up on here- yikes! Anywho, at least in destroying it, you in good faith did your best to comply with a law you were just informed about.

deldgeetar
12-06-2007, 10:23 AM
I get so angry reading this stuff. This state makes a mockery of the Bill of Rights.

agl1911
12-06-2007, 7:33 PM
for all the insight, I have past on everyone's advice as well as point him to this thread. Bizcuit thank you for your PM, I will let my buddy know your insight as well. Thanks again!