Thread: Ctr-02
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Old 11-17-2005, 4:08 PM
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bwiese bwiese is offline
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Originally Posted by artherd
Here's why I think they were bluffing: One of the FFLs was all set, then they called the DOJ just to verify. The agent who answered the phone interrupted my FFL, saying "I KNOW OF THE LETTER! Thing is, once we see it DROS'd, we're going to ban it immediately*, and then come right after you for posession of an AW in inventory withought an AW permit!
That could well be agent/phone operator/idiot 'Dana' who told 6172crew here that SW5 receivers (HK94 clones) were banned "by class". Or one of the idiots that arrested folks at the Pomona gun show awhile back for illegal AW possession for having HK trigger group pistol grip lowers.

He may possibly have been mistakenly thinking the intent was to acquire a receiver legitmately then convert it to an AW, and that the dealer would have an AW on his shelf at moment of bust. But I think you were clear that this would never be in Type III AW form.

And "Banning" it will take procedural/admin/signoff work and is way beyond the skill or pay grade/authority level of that agent.

Bill, I *THINK* historically speaking you'd be correct here in that we would open up another 90day reg period. I also *think* this *may be* WHY the DOJ has not yet updated their list at all since the last registration interval. Do you have anything we can sink our teeth into that would require a new 90day registration period for new AWs (and maybe for ALL AWs?)
I'll look. Some of this is law, some of this is delegated to DOJ for sheer mechanics of administering registration program. Remember, one of the goals of AW law appears to be to avoid seizures and compensation so property-rights court challenges wouldn't use up staff/court time.

The DOJ may not have updated this list out of sheer bureucratic inertia. And probably not a lot of Gun List readers there.

Another recent event, the G&B Sales "Bushmaster XM-15" (a NAMED! reciver) with welded mag-wel being declared a legal longgun seems to support the idea that the FAB-10 will fall outside whatever else happens here.
Yeah, that 'time + tools' thing appears to override the name.

Check CPC 12276.5 for starts. Unfortunately a grace period and new registration is not mentioned.
Yes. That may be allowed to be set by agency to something reasonable for admin purposes. If they made it 10 years or 1 day, those'd both be unreasonable to differing parties and challenged on that basis.

Bill Wiese
San Jose
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