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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel. |
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#161
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Magical catchphrases like "red herring" don't win arguments, bud. I thought you would be above trying those little tricks. I fully expect a facepalm emoji or a "straw man" comment in one of your next posts in a desperate attempt to give yourself credibility while not providing any factual commentary. You ironically tell people to educate themselves a few posts earlier, while you clearly haven't done that yourself. When you are dead, you do not know that you are dead. It is hard only for the people around you. It is the same if you are ignorant. I'm going back to just helping people who actually want help. You don't want the help, even though you clearly need it, so I'm not wasting any more time on this.
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Settle down, folks. The new "ghost gun" regulations probably don't do what you think they do. Last edited by CandG; 08-23-2017 at 9:40 AM.. |
#162
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You are missing the point that it's advisable, IMO, to fill out the simple form even where it's not mandatory. Ties everything up into a neat package instead of the state having you as a RAW owner, which they are mandated to delete for particular firearm after the form is submitted, don't you think?
Please read 5478 in its entirety. Also, check prices for new rifles in free states. You are going to sell a BB rifle, frankengun, used, in a free state, and expect to make a killing, good luck to you sir! Last edited by shoutitoutshutitup; 08-23-2017 at 9:54 AM.. |
#163
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#164
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This one
https://oag.ca.gov/sites/all/files/a...ip-09-2016.pdf If your keeping the gun then this one too. https://oag.ca.gov/sites/all/files/a...rms/volreg.pdf
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#165
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Last edited by shoutitoutshutitup; 08-23-2017 at 10:03 AM.. |
#166
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Settle down, folks. The new "ghost gun" regulations probably don't do what you think they do. |
#167
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Lol it wasn't a red herring. He was going by my original post where I said to walk it out of state and sell it to an FFL. Perfectly legal.
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For you to believe globalization can continue, you have to believe it doesn't require increased consumption and that the Americans will continue to bleed and die so that the Chinese can access energy. - Peter Zeihan |
#168
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Have you heard of gunbroker? I've sold many rifle that had BB's over the years to other states and there is no reduction in value and barely any inconvenience other than letting people know they need to remove the BB which isn't a huge deal. RAW doesn't exist outside CA and there is no special concept or procedure necessary to deal with it on anyone else's end in other states. They just ship to their FFL and get it, or if and FFL buys it directly. Only difference between selling a non-AW rifle is that it needs to go to an AW permit FFL who needs to ship it. Maybe an extra charge, who cares, not expensive. I'd be candid in the auction that it was RAW in CA. Sure if you have some ubiquitous AR or AK it's going to be more difficult to sell, but that's largely an issue of the national rifle market now, and what is and is not available. Gun manufacturers predicted Hillary like everyone else, so there is a huge surplus now. Rare or unique firearms are no problem to sell, ask a collector. And apply the logic of "something being hard to sell" to the non-AW weapons market, like featureless or fixed mag. Those potentially have WAY LESS VALUE than some BB equipped rifle, especially if pinned or welded or modified in some other horrible way. BTW Meno, on another issue, did you pin and weld all your muzzle brakes on your featureless guns yet? Because that's the new definition of 30" in the regs.
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#169
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#170
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#171
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Genius.
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#172
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Well, what if the barrel itself is 16"? And one does not measure from the muzzle device and it exceeds 30".
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#173
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16" is a fed law compounded by CA SBR specific laws, which are separate to all AW laws.
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#174
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It certainly does not jive with Fed law and that would be our hope. Definitely an issue. I'm curious if the 30" minimum OAL has been challenged previously here? Last edited by shoutitoutshutitup; 08-23-2017 at 11:24 AM.. |
#175
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#176
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Except there is nothing in the law or regulations that says you need to retain a 30" OAL. There is the concept of the new definitions being pursuant to 30900, but even then there is a 30" OAL requirement for what? Does it mean AW or non-AW?
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#177
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So what did you do on your rifles? Are you walking around with a ridiculous LOP or did you break out the drill and torch?
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#178
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1/2 inch difference.
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#179
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No one can be a real man without at least 1 bullpup.
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#180
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Here's the problem: it's a banned configuration pursuant to PC 30515(a)(F)(3). Probably banned since 2000, maybe earlier. Not legal HERE in 2016, not registrable pursuant to 30900(b)(1). Courts will have to decide. Last edited by shoutitoutshutitup; 08-23-2017 at 11:32 AM.. |
#181
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Thanks for a new signature.
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#182
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Remember, this is the regulation: 5471. Registration of Assault Weapons Pursuant to Penal Code Section 30900(b)(1); Explanation of Terms Related to Assault Weapon Designation. (x) “Overall length of less than 30 inches” with respect to a centerfire rifle means the rifle has been measured in the shortest possible configuration that the weapon will function/fire and the measurement is less than 30 inches. Folding and telescoping stocks shall be collapsed prior to measurement. The approved method for measuring the length of the rifle is to measure the firearm from the end of the barrel, or permanently attached muzzle device, if so equipped, to that part of the stock that is furthest from the end of the barrel, or permanently attached muzzle device. (Prior to taking a measurement the owner must also check any muzzle devices for how they are attached to the barrel.) Super vague as to what this means. Are they referring to this definition as the definition of an AW, or does it mean that a definition of a non-AW must adhere to this definition? 30515, which is the SB23 definitions which NO LONGER is pursuant to the SB 880 5471 definitions, says: 30515. (a) Notwithstanding Section 30510, “assault weapon” also means any of the following: (3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
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#183
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If your rifle is featureless, you can not ignore the Penal Code, also. An AW is illegal. Less than 30" is unlawful AW for SACF rifles, whether featured or not. Read the code section that I cited. It is separate and apart from featured weapons and applies to all. Glimmer of hope, consistent with Fed law: "PC 17170. As used in this part, “short-barreled rifle” means any of the following: (a) A rifle having a barrel or barrels of less than 16 inches in length. (b) A rifle with an overall length of less than 26 inches. (c) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length. (d) Any device that may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subdivisions (a) to (c), inclusive. (e) Any part, or combination of parts, designed and intended to convert a device into a device defined in subdivisions (a) to (c), inclusive, or any combination of parts from which a device defined in subdivisions (a) to (c), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person. (Amended by Stats. 2014, Ch. 103, Sec. 6. Effective January 1, 2015.) End result: Not a SBR but an unlawful AW presently if OAL less than 30". Unable to register as it's unlawful configuration/not lawfully possessed in 2016, unable to possess presently or after registration. It should be added to our list along with the BB as not modifiable to less than 30" post-registration. Similar to trying to register a semi-auto BB shotgun with both pistol grip and telescoping stock. No can do. If it does not qualify for registration you can not possess it. Last edited by shoutitoutshutitup; 08-23-2017 at 12:18 PM.. |
#184
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BTW. FIFY. Why would it only apply to a non registered rifle and not a registered one?
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Last edited by meno377; 08-23-2017 at 12:02 PM.. |
#185
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Your getting ahead of yourself, I know you are reading the law and trying to make sense of it, and this is pretty advanced stuff in terms of what the law and regs mean. Let me explain it from a series of events: 1) The first round SB 880 regs redefined what an AW was. They said you could only register legally obtained weapons from 2001-2016. That meant that SB23 features, called out in PC 30515, said anything less than 30" was aw. You could meet 30" with a non-permanent muzzle attachment. 2) Third round SB 880 regs (and current official regs) dropped a key reference in 5471. They previously said 30900 and 30515 was pursuant to 5471, meaning the old definitions found in 30515 were updated by the new definitions in 5471. 3) That was a legal mistake, since that would have meant SB23 definitions where no longer valid for SB23 registered firearms, and that they would need to meet the new definitions in 5471. They took out in the final regs that 30515 was pursuant to 5471. 4) So the old definitions of an AW, which are referenced by SB 880 but then superseded by 5471 definitions, only apply to the new registration period, not the old one obviously. 5) Now we are all debating, what does the definition found in 5471 mean. Does it mean that all AW has to meet the new OAL definition? Does it mean that any rifle excluded by the fact that it doesn't meet the new OAL definition? Or does this only apply to non-AW, meaning it is an AW if it doesn't meet the new OAL definition? 6) I happen to believe that the new OAL definition means that any rifle that does not meet the new 5471 OAL definition MUST be registered. After that, there is no real concept in the regulations or the law that says you can't abide by the 30515 definition of an AW, which is 26" OAL minimum folded or collapsed.
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#186
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#187
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If you argue otherwise, and insist that AW needs to have permanent muzzle devices to meet the OAL requirement, then the rifle would have to be modified from it's original 2001-2016 configuration to be registered. That makes no sense, is illegal regulation most likely, and would mandate that all AW rifles in CA were sold in another configuration and now need to be modified? We will know more when regs are approved. I can't imagine, on any level, that DOJ would refuse to register rifles that were purchased in a legal config between 2001-2016, period. That would mean no bullpups could be registered for sure. That's a huge lawsuit for them, and I think we all got duped by the idea that 5471 called out a mandate for all AW to be 30" with a permanent muzzle device. It just makes no damn sense, and if you think about it and follow it through, my interpretation makes perfect sense. But again, perfect sense and DOJ don't go together, but we should know more soon.
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#189
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No. It has been banned since at least 2000. You are confused between the relationship of 30900 to 30515, and you've forgotten the all-important words 'lawfully possessed'.
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#190
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http://www.calguns.net/calgunforum/s...1&postcount=62
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#191
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We have been debating this for months on other threads, and I played devils advocate saying that you needed to meet the new 5471 OAL 30" definition to register. Others argued that it made no sense, and that the new definition is mandating that you have to register something that is not 30" in length without a permanent muzzle device. After debating it endlessly it seems obvious that they intended it to mean just that, because without that interpretation they would be facing a huge lawsuit from tons of owners. The whole purpose of SB 880's registry is to provide a reg opportunity to those that legally purchased firearms between 2001-2016. If we can't register them, you got to face due compensation 5th amendment arguments.
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#193
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Don't conflate issues with the intent of spreading FUD about the reg process. People that legally acquired rifles that don't get to 30" without a permanent muzzle attachment are not barred from registering.
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#194
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#195
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#196
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Last edited by shoutitoutshutitup; 08-23-2017 at 12:35 PM.. |
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#198
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I can't comment on bullpups-I don't know about them. What made them legal to purchase in the first place?
And what makes them legal now under the regs? For how long the 30" min. OAL requirement in existence? Is it new with SB 880? Do bullpups have minimum OAL of 30" under the definitions? Last edited by shoutitoutshutitup; 08-23-2017 at 12:39 PM.. |
#199
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Bullpups purchased before 2017 were legal if the overall length was 30" or more. It didn't require a muzzle brake to be pinned. They still don't have to be pinned if you are at 30" inches from the end of the barrel without a muzzle brake attached.
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#200
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Ignore that in the webinar? When did Michel ever say in the webinar that you need to have a permanent muzzle device if it doesn't meet 30" to register?
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