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-   -   LEO advice requested (http://www.calguns.net/calgunforum/showthread.php?t=664626)

bodie38 12-27-2012 1:03 PM

LEO advice requested
 
I did some searching but could not find a thread for my particular situation.

I am active duty military and a Texas resident. I have been stationed in California since 1995. When I first moved here, I owned a 9mm semi-auto pistol and a Norinco SKS-M and both have been in CA since 1995. I will be retiring soon and staying in California and have become aware that the rifle may be illegal and the pistol may need to be registered.

1. Do I need to register the pistol or is it too late? I am not currently a California resident but will have to become one after I retire.

2. Is the rifle illegal and if so is there a remedy? I now know the Roberti Roos list says "SKS with detachable magazine" but mine is a Norinco SKS-M which is not specifically on the list and would not qualify as an "assault weapon". It is completely stock/original and factory designed to only use AK style magazines, it has not been altered to accept AK magazines. It has no additional "assault weapon" features. It has the original Monte Carlo style wood stock (no thumbhole, pistol grip, folding or telescoping), no flash suppressor, no grenade launcher and no forward vertical grip. It is a wood stock semi-auto rifle with a detachable 5-rd magazine.

I don't want to be a felon but I don't want to give up my guns either. I'm also not a fan of being on a government list of gun owners but if that is part of the cost of living in CA then...
Thanks in advance,
Bodie

omgwtfbbq 12-27-2012 3:57 PM

As far as the Pistol is concerned, there is a form available on the DOJ website I believe that you can print, fill out and then turn into an FFL along with your pistol. They will conduct a DROS and ten day waiting period and you will be charged a fee. I'm not sure how they what will have to be done with the magazines. Lawfully possessed magazines prior to the ban in 2000 can still be used in firearms, however, I'm not sure how that works with the military situation.

As far as the rifle is concerned, I'm not familiar enough with the model to give any informed advice.

Ron-Solo 12-27-2012 4:14 PM

Quote:

Originally Posted by omgwtfbbq (Post 10030246)
As far as the Pistol is concerned, there is a form available on the DOJ website I believe that you can print, fill out and then turn into an FFL along with your pistol. They will conduct a DROS and ten day waiting period and you will be charged a fee. I'm not sure how they what will have to be done with the magazines. Lawfully possessed magazines prior to the ban in 2000 can still be used in firearms, however, I'm not sure how that works with the military situation.

As far as the rifle is concerned, I'm not familiar enough with the model to give any informed advice.

The above info is inaccurate.

Regarding the pistol, you don't take it to an FFL. The form and fee is simply mailed to DOJ. Any hicap magazines you had in California before 2000 are fine.

As far as the rifle, I suggest that you send a private message to "Librarian" with the rifle info for a clear and accurate information.

Shane916 12-27-2012 4:19 PM

Quote:

Originally Posted by Ron-Solo (Post 10030381)
The above info is inaccurate.

Regarding the pistol, you don't take it to an FFL. The form and fee is simply mailed to DOJ. Any hicap magazines you had in California before 2000 are fine.

As far as the rifle, I suggest that you send a private message to "Librarian" with the rifle info for a clear and accurate information.

+1. This should help.

http://wiki.calgunsfoundation.org/Mo..._with_firearms

The reg. form for the handgun can also be found on that page.

omgwtfbbq 12-27-2012 4:39 PM

Quote:

Originally Posted by Ron-Solo (Post 10030381)
The above info is inaccurate.

Regarding the pistol, you don't take it to an FFL. The form and fee is simply mailed to DOJ. Any hicap magazines you had in California before 2000 are fine.

Thank you for the correction. I was under the impression that a DROS and waiting period was necessary. Perhaps I was confused with new residency or something else. My appologies.

TRICKSTER 12-27-2012 4:47 PM

Quote:

Originally Posted by omgwtfbbq (Post 10030246)
As far as the Pistol is concerned, there is a form available on the DOJ website I believe that you can print, fill out and then turn into an FFL along with your pistol. They will conduct a DROS and ten day waiting period and you will be charged a fee. I'm not sure how they what will have to be done with the magazines. Lawfully possessed magazines prior to the ban in 2000 can still be used in firearms, however, I'm not sure how that works with the military situation.

As far as the rifle is concerned, I'm not familiar enough with the model to give any informed advice.

This is so wrong. Please do not post stuff like this. If you don't know for sure, don't post and spread bad info.

OP go here and you will see what you need to do about your handgun.
http://oag.ca.gov/firearms/ab991
If you owned the magazines and had them here in CA prior to 2000, you are good to go.

As far as the your SKS, check page 29 of this pdf. If it matches this, it is a AW as far as CA is concerned. Keep in mind that when they mention "altered", they are talking about altered from the original SKS design. You model sounds like it was altered from the original design by the factory to accept a detachable magazine . It does not need to be altered after purchase. http://oag.ca.gov/sites/all/files/pd...s/awguide.pdf?

I would play it safe and if it will accept a standard fixed SKS 10 round mag, swap it out.

LibertyDeath 12-27-2012 4:52 PM

Did you register the SKS with the State of CA before the AWB deadline? If not then it needs to fall out of the guidelines of CA definition of an AW or you have been committing a crime for 12 years.
Quite frankly you should be contacting the CADOJ for a definitive answer.

bodie38 12-27-2012 10:05 PM

Quote:

Originally Posted by LibertyDeath (Post 10030698)
Did you register the SKS with the State of CA before the AWB deadline? If not then it needs to fall out of the guidelines of CA definition of an AW or you have been committing a crime for 12 years.
Quite frankly you should be contacting the CADOJ for a definitive answer.

Not, it isn't registered. I've never even fired it. It's still new. I never knew it might be illegal until a few weeks ago when I started looking at getting an ar and found out about all the crazy CA rules. I know ignorance isn't an excuse but I never would have expected it would be illegal.

I looked at the list of assault weapons provided by Trickster and it's not that because there is no bayonet or lug. I'm just not sure what is meant by modified. Mine was designed and built to use detachable ak mags. It cannot use normal Sks mags.
I will follow up with the other advice provided.
Thanks for all the input!

bodie38 12-28-2012 7:58 AM

Quote:

Originally Posted by Shane916 (Post 10030420)
+1. This should help.

http://wiki.calgunsfoundation.org/Mo..._with_firearms

The reg. form for the handgun can also be found on that page.

According to the article above, since I brought my guns into CA in 1995 (before 1998), I do not have to register the pistol.
Is that a reasonable interpretation?
The pistol's original magazine holds 13 rounds. I understand that to be legal since it was here prior to 2000. Correct?
Thanks!

GrizzlyGuy 12-28-2012 8:15 AM

Quote:

Originally Posted by bodie38 (Post 10036092)
According to the article above, since I brought my guns into CA in 1995 (before 1998), I do not have to register the pistol.
Is that a reasonable interpretation?
The pistol's original magazine holds 13 rounds. I understand that to be legal since it was here prior to 2000. Correct?
Thanks!

Yes, you are correct. Your pistol need not be registered and the magazine(s) that you brought in with it are all legal to possess.

As to the rifle, calling DOJ as recommended above is not a good idea as they aren't known for giving out accurate and reliable info. Here is the flowchart that should help you determine whether it is an "assault weapon" or not. If you determine that it is an illegal "assault weapon", you can contact a firearms attorney to get advice on what you should do with it.

RickD427 12-28-2012 1:28 PM

Quote:

Originally Posted by bodie38 (Post 10036092)
According to the article above, since I brought my guns into CA in 1995 (before 1998), I do not have to register the pistol.
Is that a reasonable interpretation?
The pistol's original magazine holds 13 rounds. I understand that to be legal since it was here prior to 2000. Correct?
Thanks!

Bodie,

You are correct on both counts.

Even though it's not required, it may be advantageous to register the handgun. In the unfortunate event that you are ever charged with carrying the weapon loaded, concealed, or both, the penalty is a misdemeanor if the weapon is registered to you. It's a felony (that can be reduced to a misdemeanor - no guarantee that it will) if the weapon is not registered to you.

There is no law prohibiting possession of large-capacity magazines. It is currently illegal to import or manufacture a large capacity magazine. Yours were acquired before the ban. You may legally keep them. There is a quirk in the law that also defines them as "nuisances" and allows LE officers to seize them for destruction. You may find them being taken away from you, even though you have not committed a crime by possessing them.

I would check the status of your SKS very carefully. The law provides that "SKS with a detachable magazine" is an "assault weapon" (refer to Penal Code section 30510). There's no relevance to the specific design of the magazine, or that the weapon be modified to accept a magazine. So long as it accepts any kind of detachable magazine, there is a violation. I would also check your receiver markings very closely. PC section 30510 lists most, but not all, of its prohibited weapons by manufacturer. SKS is one of the weapons that is listed without a corresponding manufacturer. If your receiver is marked "SKS" (most have the marking on the left side), you've got an "assault weapon."

The "SKS" provisions of the assault weapon ban are also confusing to the government. Originally a lot of SKS weapons were deemed not to fall under the ban, and registrations were not accepted for them. The they were determined to fall under the ban, and the state undertook a "buy-back" in an attempt to correct the error.


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